STATE OF ILLINOIS

)

COUNTY OF SANGAMON

)

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

CITY OF SPRINGFIELD, ILLINOIS

A municipal corporation

Petitioner,

ILLINOIS ENVIRONMENTAL )

PROTECTION AGENCY,

)

Respondent. )

SS

NOTICE OF FILING

RECEOVECCLERK'S

OFFICE

FED 0

2006

Pollution

STATE OF

Control

ILLINOISBoard

To:

Joey Logan-Wilkey,

Assistant Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Ninth Street

P.O. Box 19276

Springfield, Illinois 62794-9276

PLEASE TAKE NOTICE that I have today filed with the Office of The Clerk of the

Pollution Control Board the Petition for Variance of the City of Springfield,

Illinois, a

copy of which is herewith served upon you

.

William A

. Murray

~

Special Assistant Corporatiorf/Counsel

February 8, 2006

William A . Murray

Office of Public Utilities

800 East Monroe

4a' Floor, Municipal Building East

Springfield, Illinois 62757

Telephone

: 217-789-2116, Ext . 501

brnurray(ac y icom

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CERTIFICATE OF SERVICE

I, the undersigned, certify that I have served the Notice of Filing and Petition for

Variance by depositing a copy of both in the U .S. Mail in Springfield, Illinois, in a sealed

envelop, addressed as specified in said Notice of Filing, postage fully paid, on the `'

day of February, 2006 .

---

STATE OF ILLINOIS

)

SS

COUNTY OF SANGAMON

)

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

CITY OF SPRINGFIELD, ILLINOIS )

a municipal corporation

)

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent . )

PETITION FOR VARIANCE

CITY OF SPRINGFIELD, ILLINOIS, by its attorneys, hereby petitions the

Illinois Pollution Control Board (Board) to grant Petitioner a variance from 35 Ill . Adm.

Code 302

.206 of the Board's regulations, and in support thereof states as follows :

Petitioner owns and operates water and electric utilities serving the residents of

the City and certain environs .

The City's utilities are administered by the Office of

Public Utilities, which employs 703 individuals, Petitioner's water utility serves, either

on a retail or wholesale basis, the City of Springfield, the Villages of Chatham,

Grandview, Jerome, Leland Grove, Loami, Rochester, and Southern View, the Sugar

Creels Public Water District and the Williamsville-Sherman Public Water Commission

and certain unincorporated areas adjacent to the City . The service area encompasses

approximately one hundred forty (140) square miles and includes a population of about

153,900 .

The long-term average daily potable water pumpage to the service area is

PCB No. , ` t3~

RECEIVED

CLERK'S OFFICE

FEB 0 9 2006

PollutionSTATE

OF

Control

ILLINOISBoard

---

approximately twenty-one (21) million gallons per day (MGD)

. During 2004 and 2005,

the maximum hourly pumpage rate reached 36 .0 MGD and 40

.9 MGD, respectively,

while the maximum daily production was 30 .5 MGD and 35

.87 MGD, respectively.

Total water sold and accounted for during the City's prior fiscal year ending February 28,

2005, was 6 .6 billion gallons . Petitioner's electric utility serves, either on a retail or

wholesale basis, the City of Springfield and the Villages of Chatham, Jerome, Leland

Grove, Riverton and Southern View . During 2005, Petitioner generated 1,818

.80

gigawatt hours to serve these customers

. Petitioner's peak summer electric demand for

its control area was 467 Megawatts

(MW). Petitioner's coal-fired generation capacity is

448 MW. All the coal-fired generation relies on Lake Springfield for water used in the

generation of electricity. The Petitioner also has 166 MW of combustion turbine

generating capacity which uses oil or natural gas as fuel sources

.

2 .

Petitioner has over past years engaged in a series of water supply studies

regarding the adequacy of the source of its water supply to meet the water needs of both

its water and electric utilities during periodic drought events .

a.

Lake Springfield was constructed in 1935 as the chief water supply source

for the Petitioner . The Lake is located on the southeast and south sides of the City with a

drainage area of 265 square miles primarily southwest of the City comprising the Sugar

and Lick Creek drainages

. Rainfall in the City does not contribute to these drainages,

only rainfall between Springfield and Virden or Springfield and Waverly

. The adequacy

of Lake Springfield as a source of supply was not questioned until the occurrence of the

1953-1955 drought . During that event the lake level declined from a full pool elevation

of 560 feet above mean sea level (MSL) to 547 .4 feet MSL

. Water utility operational

2

---

problems as a result of reduced water quality occur at a lake elevation of 546 .0 .

Although the 1953-1955 drought was the most severe period of record event since Lake

Springfield was constructed, more severe drought events can and do occur. For example,

a more severe period of low rainfall occurred for the Springfield area between 1913 and

1915, prior to construction of Lake Springfield . A similar drought may be occurring at

this time. Under such conditions the reliable operation of the City's water filtration plant

and power plants would be jeopardized

.

b .

During the 1953-1955 drought event, the petitioner incorporated facility

improvements to augment the Lake Springfield water supply

. A moveable low water

dam was constructed across the South Fork of the Sangamon River below its confluence

with Horse Creek, adjacent to Lake Springfield . This facility diverts water from the

South Fork and Horse Creek to a pump station at Lake Springfield . The facility has been

maintained in working condition and is operated periodically to supplement the Lake

Springfield water supply during dry weather

. In addition, the petitioner improved its ash

ponds in 1978 . A pump station was erected at the ash pond clarification lagoon to enable

pumpage of clarified sluice water and filter plant process waters to Lake Springfield

during periods of low precipitation

. The discharge from the clarification pond back to

Lake Springfield was available for use until the 1990's

. In 1991, Petitioner filed an

application for renewal of its NPDES Permit for its generating stations and water

treatment facility

. The clarification pond had two outfalls which were subject to the

permit, one to Sugar Creek and the return discharge to Lake Springfield . When the final

permit was issued on November 14, 1991, it included a new special condition for these

outfalls regarding the boron concentration for the discharge which became effective

3

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December 14, 1994. Petitioner came into compliance with the discharge to Sugar Creek

by obtaining an adjusted standard for boron from the Board (AS94-9) (December 1,

1994). Petitioner did not seek an adjusted standard for the discharge to Lake Springfield

because Petitioner had no data regarding the boron concentration of Lake Springfield

water at the Water Purification Plant intake at times when discharges were made to Lake

Springfield from the clarification pond . This outfall was abandoned as an operational

discharge point in December of 1994 and the pumps were removed .

In the spring of

2000, Illinois EPA asked the Petitioner to explore the possibility of reinstituting the

capability to utilize the ash pond discharge to augment Lake Springfield

. This capability

currently exists on a limited basis and is further discussed in Paragraphs 40-45 below

.

c

Technical evaluations of the Petitioner's long-term water supply needs

were completed in 1957, 1965, 1972, 1980, 1981, and 1986

. The most feasible long-term

options included development of a second lake (Hunter Lake) or construction of facilities

to withdraw water from the Sangamon River, Brush and Horse Creeks, and the South

Fork to Lake Springfield . Seven other options reviewed reflected an absence of a readily

available supply source . The principal purpose of these remaining two options would be

to maintain acceptable pool levels in Lake Springfield during periods of low

precipitation. The estimated cost of these projects is $103,000,000 (2005 dollars) and

$13,000,000 (1981 dollars), respectively . It was estimated that a second lake would

require eight years of construction while the Sangamon River diversion project would

require four years to complete .

d .

The 1986 evaluation of the petitioner's water supply concluded that Lake

Springfield and the emergency water supply plan utilizing the Sangamon River were

4

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expected to meet the water supply needs of the projected service area under a period of

drought conditions for the next fifteen years

. However, a drought event of great severity

would create a water shortage for the community

. Such an event would have a

probability of occurrence of approximately one percent

. Given such an improbable short-

term event, the petitioner was reluctant to implement a long-term water supply strategy in

order to avoid excessive economic and environmental costs .

3 .

The Petitioner concluded that until water demand dictates the need for a long-term

supplemental water supply project an emergency plan should be sufficient until that time .

a.

In 1986, the projected water demand for the year 1995 was 38 .9 MGD.

The estimated water supply yield for an eighteen-month, 100-year drought event for that

year was projected to be 25

.2 MOD, assuming that the lake level would drop fourteen

(14) feet at which point severe operational difficulties would be experienced . Therefore,

an additional 13

.7 MOD was projected to be required to augment the petitioner's water

supply. A supplemental emergency water supply would be required for the community in

the event of a severe drought

. The emergency water supply plan was developed which

included consideration for water supply and demand and is comprised of two principal

components :

a drought management schedule and the proposed diversion of the

Sangamon River

. The objective of the drought management schedule is to provide

procedures for reducing water demand, such as

water conservation programs,

implementation of water rate surcharges, and reduction of system operating pressures .

Each procedure is graduated in effect, becoming more stringent with lower pool levels of

Lake Springfield

. The objective of the proposed diversion of the Sangamon River was to

5

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supplement the City's water supply

. The drought management schedule currently in

effect is attached as Exhibit l

.

h.

The installation of the dams on the Sangamon River pursuant to the

emergency water supply plan would he triggered by a low lake level (557 .0 or less) on

June 30 with additional specific conservation measures being taken prior to this trigger

level . Development of the Sangamon River facility would include installation of

temporary dams at the project site. The proposed river diversion locations are at the

confluence of the Sangamon River, the South Fork of the Sangamon River, and Sugar

Creek. The topography of the Sangamon River and South Fork valleys would allow a

temporary dam to be constructed at Sangamon River mile 85 .24, before the confluence of

Sugar Creek, to impound water in the river channels such that the existing pumping

facilities at Lake Springfield could be utilized . A secondary structure blocking the low

flow arm of the South Fork River would also be installed . The top elevation of the

structures would be 525 feet MSL . The effect of the structures would be to create a pool

extending approximately 5 .2 miles upstream of the dam on the Sangamon River and

approximately 6 miles up the South Fork to the existing pump facilities near Lake

Springfield . The depth of the pool at the Sangamon River structure would be twelve (12)

feet. At some point along the pool created, the river bank is broken at a level less than

525 MSL, and the Petitioner will require flowage easements to be obtained from

approximately 32 parcel owners . These locations are typically inundated when the rivers

are bank full . One property owner has consented. Pumping would begin upon

completion of the temporary dams, subject to available river discharge quantities (Record

6

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88-113, Tr

. 158-161) . The temporary dams would be removed upon resumption of

normal lake levels (see Exhibit 2 for average monthly lake levels)

.

4.

Certain permits are required for the river diversion portion of the emergency

water supply plan

. A permit to construct the dam on the Sangamon River is required

from the United States Army Corps of Engineers

. As part of the process, the Illinois

Environmental Protection Agency must certify under Section 401 of the Federal Water

Pollution Control Act (FWPCA) that the project will result in discharges that comply

with applicable water quality standards under Title III of the Act

. Permit applications

were originally filed on February 27, 1985

. The permits were never granted because

issues arose that could not be immediately resolved over release rates of water

downstream of the proposed dam and the content of dissolved oxygen in the released

water (35 Ill . Adm. Code 302 .206 provides a standard for dissolved oxygen of not less

than 6.0

mg/1 during at least 16 hours of any 24 hour period and not less than 5 .0 mg/I at

any time) . On October 4, 1986, the Corps of Engineers deemed the permit application to

be withdrawn so that resolution of these issues could be achieved

. The Illinois

Department of Transportation Division of Water Resources conducted an instream flow

analysis (Exhibit I to the 1988 Petition) and on August 19, 1987, advised the Corps of

Engineers that according to its analysis the proposed release rate contained in the City's

permit application of 41 cubic feet per second (CFS) would provide sufficient flow

habitat if acceptable dissolved oxygen levels were maintained (Exhibit 2 to the 1988

Petition)

. However, based upon the current standard for dissolved oxygen, the Illinois

Environmental Protection Agency is without authority to certify that the project could

release discharges that would meet the standard potentially due to naturally created

7

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R

conditions that would he below the standard anyway .

The Agency, recognizing the

prudency of emergency planning, also suggested that certification of a temporary

emergency plan would be possible if the City were to obtain a variance from the Illinois

Pollution Control Board from the problematic water quality standard for the river

diversion project . (Exhibit 7 to the 1988 Petition)

. On or about July 22, 1988, the City

filed a petition for a variance with the Board seeking relief from 35 Ill

. Adm. Code

302.206 . Ironically, the United States was experiencing drought conditions at the same

time. On November 29, 1988, the Board granted Petitioner a variance as requested from

35 Ill . Adm. Code 302

.206 as it related the dissolved oxygen in the Sangamon River

.

(PCB 88-113) .

5.

On or about July 22, 1993, the Petitioner filed a new petition with the Board

seeking an extension of the variance granted by the Board in PCB 88-113

. On December

16, 1993, in PCB 93-135, the Board granted Petitioner a new variance from Ill

. Adm

.

Code 302.206

as it relates to dissolved oxygen in the Sangamon River

. Petitioner again

filed a petition for the same variance with the Board on April 28, 2000

.

The Board

subsequently again granted the Petitioner a variance from III . Adm

. Code 302.206 in PCB

00-179 on June 8, 2000

. Subsequent to the granting of the variance in each of these

proceedings, Petitioner was able to secure the required permit from the United States

Army Corps of Engineers . The permit, however, was never utilized

.

Subsequent to

November 29, 1988, the lake level has never reached a point where the City's drought

management plan would trigger the implementation of the emergency water supply plan

on the Sangamon River

. In all variance proceedings IEPA only favored the Sangamon

---

River option on the condition that the City pursue a different long-term supplemental

water supply option

. Both Board orders included this condition to the variance

.

6.

Petitioner has complied with all aspects of the Board's Order in PCB 88-113, in

PCB 93-135, and in PCB 00-179

. Condition a . of the 1988 Order was met when

Petitioner submitted a Joint Application to the United States Army Corps of Engineers,

the Illinois Environmental Protection Agency,

and the Illinois Department of

Transportation, dated July 27, 1989, for a permit under Section 404 of the Clean Water

Act for placement of a dam in Horse Creek, Sangamon County, Illinois, for creation of an

impoundment known as Hunter Lake

. A schedule for that project was included in the

application packet

. Since Petitioner never had to proceed with the emergency project for

which the variance was granted, conditions b

., c., e., f., and g. of the Orders in 1988 and

1993 did not require any compliance actions to be undertaken on the part of the

Petitioner

. With regard to condition d

. of the 1988 Order, mandatory water conservation

measures were in place at the time of the Order and remained so until Spring of 1989

when Lake Springfield returned to a satisfactory level for Springfield's water supply

needs as a result of runoff from rainfall in the Lake's watershed and supplemental

pumping from the South Fork of the Sangamon River

. With regard to the Board's Order

in the 2000 proceeding, there were only two conditions imposed

. The first condition

specified when the variance would expire

. The second condition specified when any

temporary dam would be removed

. The City did not invoke the emergency water supply

plan during the term of the variance which expired on June 8, 2005

. The City has

therefore complied with the Board's Order of 2000

. The Corps of Engineers has yet to

grant a permit for Hunter Lake, and the City estimates that this project will require an

n

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additional five years to complete once a permit s issued

. The status of 1-lunter Lake as a

long-term supplemental water supply for petitioner will be discussed in detail later in this

petition.

7.

The variance granted in PCB 00-179 expired on

June 8, 2005. The permit

granted by the Corps of Engineers expired on December 31, 2005 . The City is applying

for a new permit from the United States Army Corps of Engineers

. The current lake level

of Lake Springfield is 556

.5 MSL, or approximately 3

.5 feet below full pool (560 MSL)

.

Attached as Exhibit 2 is a chart listing average lake levels at different months of the year .

For this time of year, the lake level is nearly 1 .5 feet below average . This includes water

pumped from the South Fork of the Sangamon River and ash pond water circulated back

to the Lake in 2005 (see paragraphs 14 and 15) . This represents a lake level

augmentation of 1

.96 feet in 2005 .

Attached as Exhibits 3a and 3b are graphic

comparisons of current lake levels with other historic dry years

. Until recent months the

slope of the graph for the period depicting current conditions is almost identical to the

lake conditions in 1999-2000

. However, current conditions are quite similar to the curve

for 1952-53, which was the first period of a three year drought event (1952-1955) .

Without the pumping augmentation above, the current level would be even lower in

comparison to other drought events . The Illinois State Water Survey (ISWS) issued an

assessment of drought conditions in Illinois on January 6, 2006 (Exhibit 4), concluding

that from March-December, 2005, central Illinois had one of its driest periods on record

(third driest since 1895) and that surface lake levels were not replenished during 2005 .

The ISWS also reported in that assessment that soil moisture in most of Sangamon

County was only 25% of normal soil moisture based upon the 1985-1995 mean .

1

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Additionally, stream -flow in the Springfield area comprising the Lake Springfield

watershed was in the below-normal range at the 10' percentile

. The ISWS concludes

that the amount of "precipitation in early spring will likely be key in drought recovery or,

on the other hand, in the advancement of drought conditions and water supply concerns ."

In view of current conditions and the current estimated schedule for completion of Hunter

Lake, the City of Springfield has decided to reapply with the Corps of Engineers for the

permit to construct the dam on the Sangamon River that is called for in the City's

emergency water supply plan.

As in prior instances, the Illinois Environmental

Protection Agency (IEPA) must certify under Section 401 of the Federal Water Pollution

Control Act (FWPCA) that the project will result in discharges that comply with

applicable water quality standards under Title III of the Act . For IEPA to certify this

consequence to the Corps of Engineers, the City again requests that the Board grant a

variance from the dissolved oxygen water quality standard as it relates to the Sangamon

River

. The purpose of this Petition is to seek the issuance of a new variance for a five

year period with the same terms and conditions as set forth in the order of the Board

granting variance in PCB 00-179 .

8 .

Petitioner hereby requests the incorporation of the record, opinion and order of

the prior variance proceedings, City of Springfield v

. IEPA, PCB 88-113, City of

Springfield v . IEPA,

PCB 93-135, and City of Springfield v . IEPA, PCB 00-179, into this

petition for a new variance comparable to those in the prior proceedings . Petitioner

represents that the exhibits and testimony of the witnesses presented by Petitioner in PCB

88-113 continue to be true and correct, and as updated in PCB 93-135 and PCB 00-179,

except as hereinafter noted

. A separate written request for such incorporation will be

11

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made by the Petitioner as required by 35 111

. Adm

. Code 101

.106 along with four copies

of the record of each of those proceedings

.

THE DISSOLVED OXYGEN STANDARD

9.

If the proposed temporary dams on the Sangamon River are constructed, the

Petitioner proposes a downstream release rate of 41 CFS which ranges from 31 to 100

percent of the projected available stream flow in the Sangamon River during an 18 month

drought event . The discharge rate was derived in accordance with the following

methodology by consulting engineers retained by the City .

a.

The United States Geological Survey flow data from the Riverton, Illinois,

gauge site (river mile 82

.93) during the 1953-1955 drought were adjusted and used to

predict Sangamon River discharge for an eighteen-month, 100-year drought event in

1995 . The adjustment considered several factors

. First, the Illinois State Water Survey

estimated that the ratio for the Sangamon River discharge at Riverton during the 1953-

1955 drought (Exhibit 3 to the 1988 Petition) to a projected 100-year frequency drought

was 0.7

. Second, a reduction of the contributing drainage area over time to the Riverton

gauge was calculated based on those reservoirs built after the 1953-1955 drought

. Total

drainage area was reduced from 1443

.1 square miles to 1222

.3 square miles, owing to the

construction of Lake Taylorville and Lake Sangchris .

Therefore, only the watershed

areas downstream from dams forming Lake Decatur, Lake Taylorville, and Lake

Sangchris were considered to contribute runoff during low flow conditions (0

.846996

adjustment factor).

Third, the difference between 1953-1955 and future wastewater

discharges to the drainage area (13

.75 MGD) was added to the 1953-1955 data to

compensate for projected increased wastewater discharges (Crawford, Murphy and Tilly,

19

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inc.,

City of Springfield, Illinois Technical Report on Emergency Water Supply Plan

(Engineering Report) (1983)) . (Record, 88-113, Tr

. 145-150.)

b.

Projected unrestricted flow data without the project indicated the average

discharge for the evaluation period was 83 CFS (Exhibit 4 to the 1988 Petition) .

Incorporation of a proposed downstream release rate of 41 CFS decreased the average

river discharge for the period of 59 CFS .

Based on projected river discharge,

approximately 71 percent of the unrestricted river discharge would be released

downstream of the proposed diversion facility . The proposed downstream release rate

ranged from 31 to 100 percent of the available, projected stream flow (Exhibit 5 to the

1988 Petition) .

c.

The final engineering design of the diversion structure will include a lower

conduit and valve configuration

. This will be of sufficient capacity to maintain a

constant downstream release rate of 41 CFS, whenever available in the river . Also, a

crest weir and riprap spillway will be constructed to permit higher river discharges to be

passed at or near river elevation 525 .0 feet M.S .L. Adequate river discharge gauging

means will be provided at the site

. Other dam design parameters will comply with

Illinois Department of Transportation (now Illinois Department of Natural Resources)

standards and regulations

. (Record, 88-113, Tr

. 152-160, 183-185 .)

d.

The operation of the lower and crest discharge structures will be

coordinated based on rate of flow and pool elevation at the diversion structure . It is

estimated that the storage volume of the upstream pool behind the diversion structure at

elevation 525

.0 feet M

.S

.L. is approximately 680 million gallons

. (Record, 88-113, Tr .

159-160

.) The length of time estimated to reach and maintain a full pool elevation at the

13

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diversion structure depends directly on available river flow

. From data during the 1953-

1955 drought, the prolonged duration of low

river flow would suggest that maintaining a

full pool elevation would not be characteristic or possible at the diversion structure

.

However, recorded infrequent, maximum river discharges (up to 1700 CFS) would

theoretically provide sufficient water volume to fill the full pool elevation in less than one

day. (See also Record, 88-113, Tr . 159-161 .)

10.

Petitioner has likewise had its consulting engineers conduct a dissolved oxygen

(DO) analysis (Exhibit 6 to the 1988 Petition) .

DO levels in the Sangamon River

downstream of the proposed temporary dam were evaluated using Streator-Phelps

analyses with and without the presence of

the temporary dam under low-flow conditions

.

The analyses showed virtually no difference in the DO patterns downstream

of

the dam

given the two scenarios. The analyses did illustrate an increase in DO downstream

of the

channel dam due to the presence of

the proposed cascade aerator on the downstream side

of the temporary dam

. Further, downstream DO concentrations were demonstrated to be

enhanced over a broad range of impoundment influent DO concentrations at the diversion

facility spillway

. (Record, 88-113, Tr. 230-237.)

a.

Aeration of the Sangamon River impoundment by supplemental means

was also evaluated

. It was determined that incrementally raising the DO level from 2

.9

mg/l to 6

.5 mg/I would cost $372,000 to $661,800 (1988 dollars) in nitial capital costs

.

However, it was concluded further that it is very difficult to determine what will happen

to the water quality within the impoundment area with or without artificial aeration

.

Moreover, installation of the temporary equipment would require a lead time of four to

six months before it would be delivered to the project site

.

Based on these

14

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considerations, supplemental aeration was not considered to be feasible

. (Record, 88-

113, Tr. 216-224)

. The Illinois Environmental Protection Agency has concurred with the

conclusions (Exhibit 7 to the 1988 Petition

.)

b.

Diel monitoring

of

DO in the pool upstream

of the existing channel dam

on the South Fork of

the Sangamon River in September, 1985 (Exhibit 8 to the 1988

Petition) provided empirical data from conditions that might be expected to occur with

the proposed diversion facility

. These data suggest that acceptable DO concentrations

may be available in the pool on the Sangamon and South Fork under the emergency

water supply plan

. (Record, 88-113, Tr

. 249-252 .)

11 .

Continuous compliance at all times with 35 Ill

. Adm. Code 302

.206 by Petitioner

would impose a substantial, arbitrary and unreasonable hardship on the Petitioner in that

the standard is not potentially capable

of

being achieved under all circumstances during

the life of

the actual project for which the variance is requested because

of natural factors

beyond the control of the Petitioner and because the standard sought to be achieved may

potentially not exist in the Sangamon River under drought events even without the

implementation of the river diversion project

.

a.

Without the Illinois Environmental Protection Agency being able to apply

a different standard to DO, the Agency would be legally unable to certify under Section

401 of the FWPCA to the Corps of Engineers for the requisite permit for the project to be

issued to the Petitioner

. No suitable comparable alternative exists in the short-term to

serve as an adequate supplemental water supply during drought events

. The Petitioner's

consulting engineers in 1983 evaluated alternative emergency water supply sources

including 1) well field development along the Sangamon River Valley, and 2) pumping

15

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from the Buckhart, Sidener, Broughton and Clear Lake sand and gravel pits . The

potential of obtaining water from the Sangamon River gravel aquifers was approximately

1 MGD per three miles of river valley during drought periods

. Development would

require detailed test drilling and test pumping, plus an extensive piping and pumping

system to bring that water to Lake Springfield

. The potential return was not sufficiently

high to warrant this alternative nor could the system be implemented in time to serve as

an emergency supply .

The Sidener and Broughton pits were estimated to contain approximately 775

million gallons of water in 1988 which could be pumped with an additional l MGD being

drawn from the surrounding formations during pumping . At the same time, an additional

900 million gallons was estimated to be available from the Buckhart pits . A 1998 study

by Crawford, Murphy, Tilly in connection with the Hunter Lake project updated the

estimated volumes at these locations to be 2,121 million gallons and 2,278 million

gallons, respectively

.

However, the owner of the Bucldrart site was not interested in

making the water available on a long-term basis, and other site owners had mixed

interest

. These sources are not sufficient to be the sole source of an emergency supply

and would also require extensive pumping facilities for implementation

.

Water from

Clear Lake could he pumped to augment Sangamon River flow

; however, given the

proximity of Clear Lake to the Village of Riverton's water supply wells, this was not

considered to be a viable alternative

. (Record, 88-113, Tr. 162-169 .)

b.

To minimize the need for diverting water, the emergency water supply

plan includes a variety of administrative and procedural measures aimed at conserving

water in Lake Springfield

. The element of drought management is keyed to specific lake

16

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levels and becomes more stringent as the

pool level drops. The trigger for

implementation of the Sangamon River portion of the emergency plan is a level of 557 on

June 30 at which tine administrative measures would pursue a specified schedule, as

shown in Exhibit 1

. However, in June of 1988, the City initiated voluntary conservation

while the lake level was not yet at 558

. The purpose of the mandatory measures is to

avoid the Petitioner's water users from exacerbating the declining lake level and creating

a self-imposed hardship

. The Petitioner would be committed to prudently managing its

existing water supply before resorting to pumpage through the project

. However, the

duration of the drought event cannot be forecast, and reliance solely upon water use

conservation may not be sufficient to maintain an acceptable diminished lake level

throughout the entire drought event

. Water saver kits and public information

dissemination would cost the Petitioner $240,000 . (Record, 88-113, Tr . 85-100.)

c.

During 1988, Petitioner instituted a program to provide free water saver

kits to retail water system customers

. The program, which is completely voluntary,

makes available customized kits of water saving devices to customers who request them .

The kits include low-flow shower heads, toilet dams, low

flow kitchen and bathroom

faucet aerators, toilet leak detection tablets, toilet tank

flow diverters and installation

instructions

. The number and types of devices provided in a kit are based specifically on

the requesting customer's needs .

The availability of these devices is advertised

periodically through billing inserts

. Through August, 2005, a total of 6,098 kits have

been distributed, almost entirely to residential customers . This number represents 14 .1%

of the system's 49,650 total water customers

. Totals for individual devices distributed

are as follows :

17

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Low-flow Showerheads 9,264

Toilet Dams

10,450

Low-flow Bathroom Aerators

10,667

Low-flow Kitchen Aerators

8,792

Toilet tank Flow Diverters

3,938

Petitioner plans to keep this program active for as long as sufficient customer interest

exists

. This program was briefly discussed in PCB 88-113 (Tr . 361-367 .)

d.

Water conservation measures are included as a part of all the feasible

alternatives evaluated for water supply augmentation for the Hunter Lake Draft

Environmental Impact Statement (DESI) . Petitioner has implemented the two most

important conservation measures identified in the suite of conservation options evaluated

which measures ultimately reduce demand by 1 .3 to 1

.9 million gallons per day. The

most potentially significant conservation measure implementation was the voluntary

home plumbing retrofit program discussed above

. The second measure implemented in

1990 was revision of the City's plumbing code to require low-flush toilets and low-flow

showerheads and faucets for all new or replacement construction .

e

The ability to augment the Lake Springfield water supply could be a

critical factor in outlasting the drought event and maintaining electric and water utility

operations . While it may be possible to discontinue electric generation, this assumes that

the drought event has not impacted electric generating capabilities of other electric

utilities from whom the City normally would be able to purchase power to replace the

City's inability to generate electricity . (Record, 88-113, Tr . 326-348

.) The City is a

transmission owning member of the Midwest Independent System Operation (MISO)

which is comprised of member utilities from Ohio to Minnesota and Missouri

. On May

1, the MISO began operating Energy Markets approved by the Federal Energy

1R

---

Regulatory Commission (FERC) consisting of a Day Ahead Market and a Real Time

Market

. Virtually all the City's electric sales both for retail and wholesale transactions

now flow through and are subject to the prevailing market prices experienced by these

Markets. The City can currently produce electricity from its units on Lake Springfield

for a cost of $24

.65 MWH based upon the City's operating results from its most recent

fiscal year. This past summer poses in the MISO Energy Market ranged from $40 MWH

to $80 MWH from off peals to on peak hours in the Day Ahead Market

. Replacement

power costs would be considerably higher

. These increased costs would be passed

directly through to the City's customers

. Replacement power costs would be an

additional hardship experienced by the City and its electric customers . The water plant

would experience various pumping and treatment difficulties at lake level 551 MSL .

(Record 88-113, Tr. 194-200.)

Additionally, there would be no means by which the City

could "buy" water elsewhere. Should the City not be granted the variance request, the

City would be faced only with conservation measures as a hedge against the end of the

drought event

. Severe public health and welfare, fire protection, and economic

consequences could occur not only for the City but for approximately 80 percent of the

population of Sangamon County

. The prospective hardship that could occur without the

variance being granted is not justifiable . (Record, 88-113, Tr. 348-359 .)

f.

It is difficult to quantify precisely the economic effect of these

consequences

. Public health would be impacted to the extent that the City's ability to

provide sufficient quantities of potable water at sufficient water pressure would be

impaired

. Public welfare would be impacted with a greater degree of severity as water

use was curtailed and approached a level at which water rationing could be compelled .

1

o

---

Hospital aid nursing homes are among the largest users of water

. The ability to provide

adequate fire protection is to some extent capable of some quantif cation . The equalized

assessed valuation of real property in the City corporate limits on February 28, 2005, was

$1,748,394,988

.00

. This does not include the value of personal property protected, nor

does it include the value of property in other jurisdictions that rely on the City's water

system for fire fighting capabilities

.

It can be assumed that certain activities will be

affected by the fact that water use would be curtailed or eliminated resulting in a decrease

of or cessation of economic activities because of unavailable water . One study has been

conducted on the impact of a drought-caused mandatory water conservation program,

U .S

. Army Corps of Engineers, Prototypal Application of a Drought Management

Optimization Procedure to an Urban Supply System, Contract Report 83-C-4 (December,

1983)

. Nine Springfield industries were studied for a determination of monetary losses

resulting from a cutback in water delivery

. While the report indicated that such losses are

the most difficult to estimate, it focused primarily upon an economic loss to the area

.

Lost weekly payroll from six nonlocally owned companies due to a 50% reduction in

water supply would be $292,800 and $458,700 at a 100% water reduction, Id . at p. 56 .

Annual payroll for production workers in locally owned companies was $789,000 while

lost profits and fixed costs were estimated at a 100% reduction in water supply service to

be $87,000 . Id

. at pp. 57-58

. Two of the nine companies would experience a 100%

production cut back at a 50% decrease in water supply delivery, and at a 75% decrease an

additional four companies would have a 100% production cut back . (Record, 88-113, Tr .

357-361, 367-371 .)

20

---

The costs of the project would appear to be justifiable when measured against the

potential losses, socially and economically, that would be incurred without the project

.

Water quality monitoring would cost about $2500 per month

. The project would cost

less than $1 million to implement

. Operating costs would not be significant . The

potential impact of the project on the Sangamon River fishery would be estimated at

$65,000

. However, the impact on the Lake Springfield fishery without the project would

be at least that amount and probably substantially greater

. The benefits that the City

would obtain must be measured in the potential hardships that would be averted . The

project costs are insubstantial when weighed against the potential hardships

. (See

generally Record, 88-113, Tr . 106-109 .)

g.

The current standard for dissolved oxygen (35 IIl . Adm . Code 302 .206) is

unreasonable and unrealistic with regard to the proposed project . One study based upon

data from 38 streams in Ohio suggested that "DO levels may be expected to drop below 5

mg/l minimum for at least a short period of time for essentially all types of streams

regardless of the input from pollution sources

. In addition, all but the highest quality

water can be expected to approach and periodically drop below 4 mg/l

." Illinois

Pollution Control Board, PCB No

. R83-20, Record, Volume 1, p . 20 (1983) . The

American Fisheries Society (AFS) critique of U

.S. EPA's "Quality Criteria for Water"

suggested that the existing DO standard did not account for "specific regional variations

in chemical/physical regions or existing natural oxygen levels in aquatic ecosystems

which are subject to seasonable and biological variability ." Thurston et al.,

a Review of

the EPA Red Book :

Quality Criteria for Water, American Fisheries Society Water

Section (1979), at 169

. The findings of the AFS were that

". . . it is essential that

7i

---

consideration of natural regimes of dissolved oxygen be included in criteria application to

specific water bodies (and) . . . that flexibility inherent in the useful concept of `levels of

protection' is encouraged and endorsed

."

PCB No

. R83-20, Volume 1, p

. 21 . A

comparison of dissolved oxygen computer modeling results provided by the Illinois

Natural History Survey (INHS) (Exhibit 10 to the 1988 Petition) and actual river

discharge during the 1953-1955 drought (Exhibit 11 to the 1988 Petition) was made to

estimate DO concentrations in the river during drought conditions

. The results of that

comparison indicated that natural stream flow during a severe drought event may be

sufficiently low to cause prolonged periods of non-compliance with the applicable DO

standard to occur in the natural environment of the river

. Historical drought condition

flow data for the Sangamon River at Riverton would suggest that actual river discharge at

the proposed project site may likely be materially less than the minimum river discharge

predicted by the INHS model as being necessary to maintain tolerable DO concentration

minima

. Such empirical data would indicate strongly that critical biological thresholds

may not be maintained due to natural causes alone .

Moreover, this consideration was

recognized by the American Fisheries Society which stated that "

. . .

it is highly

unrealistic to prescribe rigid oxygen criteria for water that may be naturally low in

oxygen at some time of the year and may not meet the criteria for natural reasons

."

(Thurston et al ., at p . 171) (Record, 88-113, Tr . 68-77 .)

h.

The Petitioner does not believe the activity for which the variance is

requested would have any demonstrable contributing adverse environmental impact and

may, in fact, alleviate some environmental stress that would naturally occur during a

22

---

drought event

. Petitioner's environmental assessment of the proposed project was

attached as Exhibit 12 to the 1988 Petition

. (See also Record, 88-113, Tr . 270-300) .

While there is a certain inability to forecast DO concentrations upstream

of the proposed diversion structure, it is unlikely that DO concentrations will be

problematic in the pool upstream of the temporary impoundment . The City's consulting

engineers have concluded that prior use of channel dams on the Sangamon River and its

South Fork are similar to the proposed project which would only be on a temporary basis .

Specific conclusions were that :

"These structures have had little or no noticeable impact upon the water

quality of the streams during normal flow. However, during low flows

similar to which it is anticipated the emergency supply diversion

structure would be built, these structures, no doubt, enhance the aquatic

environment of the river, by providing impoundments and aerated

discharges ."

(Exhibit 13 to the 1988 Petition

.) Empirical field data recorded from the Petitioner's

existing movable channel dam on the South Fork indicated that DO concentrations

existed in the impounded area substantially in excess of existing criteria (Exhibit 8 to the

1988 Petition

.) (See also Record, 88-113, Tr . 249-252 .)

1.

A variance from the DO standard will not have an appreciable impact

upon the fishery and invertebrate populations that would not already exist from the

drought event during which the project would be implemented . The population density

of fishes may be significantly reduced by drought conditions (Dowling and Wiley, The

Effect of Dissolved Oxygen, Temperature and Low Stream Flow on Fishes

: A Literature

Review, Illinois Natural History Survey Aquatic Biology Section (1985))

. Further, when

exposed to low dissolved oxygen levels, many fish species migrate to tolerable regions,

dramatically altering local fish community structure . Among the Sangamon River fishes,

1)z

---

largemouth bass and white crappie would tend to avoid areas of low dissolved oxygen .

In contrast, red shiners, sunfishes, and course fish would he expected to be tolerant of

low dissolved oxygen . Based on an actual period of record drought conditions, it is

reasonable to assume that the Sangamon River fishery at the project site would be

materially absent or at least substantially different from the normal character of the area,

prior to commencement of Petitioner's proposed activities . As a result, it is difficult to

predict what fishes, if any, may serve to be protected by the application of standard

dissolved oxygen criteria in an extraordinary, yet natural scenario . (Record, 88-113, Tr .

270-286

.) Moreover, it is contended that such a persistent coarse fishery would have

negligible value

. Existing Illinois EPA fish flesh contaminant data relevant to this region

of the river indicated the presence of toxic biocides at concentrations that could lead to a

ban on commercial fishing and be cause to prompt an advisory against fish consumption .

k.

In addition to the evaluation of potential project impacts on the Sangamon

River fishery, equal consideration must be made for the significant sport fishery in Lake

Springfield, which would be a benefactor of the proposed project . For the past twenty-

one years, the petitioner has cooperated with the Illinois Department of Natural

Resources via a Cooperative Fishery Management Agreement to stock Lake Springfield

with various sport fishes (i .e., tiger muskie, walleye, largemouth bass) and develop a

rearing pond for sport fish try . Inasmuch as lake fishes have a lesser ability to avoid

poor water quality regimes under declining reservoir conditions, the effect of our

proposed diversion to maintain an acceptable reservoir pool level would help assure the

survival of sensitive game fish in Lake Springfield as well as sustain the fine results of

24

---

cooperative efforts with the Illinois Department of Natural Resources . (Record, 88-113,

Tr. 292-297

.)

12 .

This variance can be granted by the Board consistent with all federal regulations

such that the Illinois Environmental Protection Agency could issue a compliance

certification under Section 401 of the FWPCA regarding Title III standards

. The

Petitioner has exercised all available methods to forecast the effects of our proposed

project, including incorporation of empirical data to the greatest possible extent

.

Application of the general use water quality standard for DO for the proposed project

would not be reasonable

. Available data indicates that it is unlikely that such standards

could be achieved during severe drought events in the absence of the City's proposed

diversion plan

. In fact, given the pooling and aeration effects of the proposed diversion

structures, it is probable that the diversion configuration may mitigate the otherwise

deleterious effects of the low-flow drought conditions, at least on a localized level

.

Furthermore, the temporary and improbable nature of the emergency plan would not

compromise efforts to achieve long-term compliance with acceptable water quality

standards in the Sangamon River

. Based on these considerations, the project is a prudent

strategy to ensure the provision of essential service while causing, on balance,

environmentally neutral consequences.

13

. A fishery survey of the Sangamon River would be performed immediately before

construction of the temporary diversion structures to provide a baseline against which

further damages, if any, could be measured. A water quality sampling and analysis

program will be conducted upstream and downstream of the diversion structure for the

duration of the project

.

25

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UPDATING THE RECORDS

OF PCB 88-113, PCB 93-135,

and PCB 00-179

14 .

The 1988 variance proceeding included testimony and exhibits regarding steps

the City has taken to augment its water supply through the pumping of water from other

sources (R

. at 25-31) .

Shown on Exhibit 5 to this Petition are tables showing water

pumped from the South Fork Pump Station from 1976 through December, 2005 and

from the clarification pond from 1979 through December, 2005

. During that period

47,518 millions of gallons were pumped from the South Fork

. Of this total, 13,981

million gallons were pumped during the drought event of 1987-89 (30 .8%) . Similarly,

during the same drought event, 938 million gallons were recirculated from the

clarification pond

. From 1995 to 2000 the City was unable to recirculate water from the

clarification because of NPDES permit limitations regarding boron concentrations . In

connection with the Agency's support for the City's 2000 variance petition, a solution to

the moratorium was developed and implemented

. Since that time, the City has been able

to recirculate 1,387 million gallons from the clarification pond to the Lake

. The

resolution of this moratorium is discussed in paragraphs 40-45 below

.

15 .

In 1991, Planning and Management Consultants, Ltd ., completed a new water

demand forecast for Petitioner

. This work was basically an extension of the modeling

used in the 1986 report which was discussed in the 1988 proceeding (Record, 88-113, Tr

.

41-49 .)

However, an updated version of IWR-MAIN was utilized and updated

information was input to the various components of the model

. Exhibit 6 is a

representation of tables summarizing the water demand forecasts of the 1986 and 1991

studies and actual water usage data available to Petitioner for comparison to both the

1986 and 1991 studies through October, 2005

. Base demand forecasts were updated by

26

---

the Petitioner in 2005, and the base forecast for the year 2005 was revised to 20

.8 MGD

with 24.5

MGD for the extreme hot and dry/high growth scenario

.

16.

Petitioner also provided testimony and exhibits regarding its twenty largest water

customers (Record, 88-113, Tr

. 310-317

.) Exhibit 7 is a table setting forth the largest 20

water users on Petitioner's system.

Petitioner has a comprehensive computer report

which lists all water customers in alphabetic order by account name and summarizes

annual usage for each account

. On Exhibit 7, a customer is defined as a set of accounts

listed in the billing system by the same account name and located in the same geographic

vicinity

. This definition is required because most of the large customers have multiple

water accounts

. If a customer displayed multiple accounts, the usages of those accounts

were aggregated for this exhibit

. Exhibit 8 is another table depicting the twenty largest

water users with a comparison of water consumption for Fiscal Year 1999 and Fiscal

Year 2005 .

LONG TERM WATER SUPPLY

17 .

The Board's order in PCB 88-113 conditioned the granting of the requested

variance upon Petitioner undertaking a schedule for an alternative plan to eliminate the

need for implementing the particular project for which the variance was granted

.

Petitioner embarked on pursuing the alternative of a second lake

.

On December 20,

1988, the Council of the City of Springfield adopted Ordinance No

. 899-12-88, entitled

"Ordinance Authorizing the Construction and Development of Lake Springfield II in the

City of Springfield, Illinois, as amended (Exhibit 9)

.

The Council then adopted

Ordinance No

. 54-1-89 on January 17, 1989, naming the proposed second lake as John

H

. Hunter Lake, hereinafter referred to as Hunter Lake

. This was followed by Ordinance

27

---

No

. 97-2-89, adopted on February 7, 1989, prescribing the land that would be owned by

the City around Hunter Lake would be dedicated as a conservation area and any

development was limited to structures compatible with the conservation of wildlife

(Exhibit 10)

. On July 26, 1989, Petitioner mailed its joint application, dated July 27,

1989, for a permit pursuant to Section 404 of the Clean Water Act with the three

appropriate reviewing agencies, i .e

. the United States Army Corps of Engineers, the

Illinois Environmental Protection Agency, and the Illinois Department of Transportation

.

Soon thereafter, on August 3, 1989, Petitioner issued $17,985,000 in water revenue

bonds to fund completion of land acquisition for the Hunter Lake Project, preliminary

engineering work for the project, and development of the environmental impact

statement that appeared would he necessary

.

18.

On September 14, 1989, the United States Army Corps of Engineers determined

that "the project will have significant (both positive and negative) impacts in the project

area and warrants preparation of an EIS (Environmental Impact Statement) to meet

National Environmental Policy Act requirements during processing of the permit

application

." Notice of this determination appeared in 54

Federal Register 45780 on

October 31, 1989

.

A public hearing on the scope of the Draft EIS was held in

Springfield, Illinois, in December, 1989

.

19 .

In order to develop the Draft EIS for submission to the Corps of Engineers,

certain preliminary engineering work needed to be completed

. In September of 1989,

Petitioner entered into contracts for engineering services with two firms located in

Springfield, Illinois, i.e

. Crawford, Murphy and Tilly, Inc . (CM&T) and Hanson

Engineering, Inc

. (HEI)

. CM&T was retained to update mapping, conduct water quality

28

---

studies and hydrologic budgeting, and infrastructure planning

. HEI was employed to

perform flood modeling work with and without the proposed project both upstream and

downstream of the proposed dam

. Prior to beginning the modeling work, HEI completed

the conceptual design

of the dam, including spillway elevation and fixed crest

determination .

20.

Triggering the EIS requirement of

the National Environmental Policy Act also

meant that before a 404 permit could be issued by the Corps

of Engineers, the project

also had to comply with Section 106

of the National Historic Preservation Act . This

requirement consists

of

a determination of whether there are any cultural, historical or

archaeological sites in the project area that may be eligible for the National Register of

Historic Places. This is a three-phase process

. Phase I is development of an inventory of

sites

. Phase Il involves the further investigation of potentially eligible sites . Phase III is

the mitigation of those sites that are determined to be eligible for the National Register

and that would be adversely impacted by the project

. The Petitioner contracted with the

Illinois State Museum to conduct Phase I in March of 1990 . The Museum completed its

report in May, 1992, which included a recommendation of Phase II activities . The Phase

I report has been reviewed by the Corps of Engineers and the Illinois Historic

Preservation Agency (IHPA)

. Petitioner does not anticipate commencing Phase II of this

work until after a 404 permit is issued by the Corps of Engineers

. Petitioner entered into

a Memorandum of Agreement with the Corps of Engineers, the IHPA and the Council on

Historic Preservation governing its future efforts in the project area that would represent

compliance with Section 106 in September, 1999 .

29

---

21 . When the City Council decided to go forward with the project now known as

hunter Lake in December, 1988, the regulatory framework governing such an endeavor

had dramatically changed since the lake was originally conceptualized in the 1960's

.

Virtually none of the information was compiled at that time to develop the reports that

are now needed to accompany the review of the joint permit application

. Little practical

engineering of the project had actually been performed

. Much of the engineering work

that was completed in the 1960's and 1970's did not meet the degree of regulatory

compliance of the late l 980's and 1990's

. Petitioner was basically required to initiate all

new study efforts in this regard

. The drafting of an EIS requires an examination and

evaluation of a series of cultural, social, economic, and ecological subjects

. The

Petitioner entered into a series of contracts to develop the information necessary for the

EIS.

22. In March, 1990, Petitioner entered into a contract with the Illinois Natural

History Survey to conduct research and develop conclusions regarding many of the

ecological components to he addressed by the EIS process

.

These included general

biological investigations and inventory for the project area (fishes, mammals, birds,

reptiles, and amphibians), issues concerning threatened and endangered species and

wetlands, vegetation and soil investigations and inventory, soil erosion and siltation

issues, prime farmland issues, and habitat evaluations

. By March 1993, the National

History Survey had completed all aspects of its work with the exception of final

delineation of jurisdictional wetlands which was completed in the summer of 1993

.

23 .

A contract was entered into in April, 1990, with a team from Sangamon State

University (now the University of Illinois at Springfield) to explore and develop issues

10

---

and impacts from a socio-economic standpoint for the p1S . Their task covered

population matters and characteristics of the project area, personal income, employment

patterns and opportunities, housing and capital assets, farm and business impacts, public

facilities and services, with analysis of impacts on taxing districts and revenue .streams,

and community or cultural issues

. The reports were finalized and completed by January

of 1993 .

24. To complete other aspects of the socio-economic parameters of the Hunter Lake

project, Petitioner retained the Springfield- Sangamon County Regional Planning

Commission to inventory and analyze land use patterns, demographic information,

public facilities and services, and recreation issues and opportunities . This project was

completed with the submission of a final report January, 1992 .

25.

The Illinois State Water Survey was hired in June, 1990, by Petitioner to evaluate

water supply availability during drought events for Petitioner . This updated a 1986 study

the Survey conducted previously for Petitioner. The Survey updated Lake Springfield

yield based upon the dredging project that had been conducted by Petitioner at Lake

Springfield and analyzed the yield available with Hunter Lake . This task was completed

in August, 1991 .

26

. The Petitioner also contracted with Planning and Management Consultants, Ltd

.

of Carbondale, Illinois, in November of 1989 to update the 1986 Water Demand Study

and to evaluate water conservation techniques including a cost and benefit analysis and

social acceptability of water conservation measures

. The Water Demand Study was

completed in July, 1991, and the water conservation tasks were finished in January,

1992.

31

---

27.

By November, 1992, Petitioner had completed reviewing reports that had been

submitted pursuant to the above contracts and had begun writing the Draft EIS (DEIS) .

Petitioner submitted DEIS to the Corps of Engineers on October 1, 1993

. Upon review

of the DEIS materials submitted, the Corps informed the Petitioner on August 1, 1994

that, among other issues, alternatives to Hunter Lake must be more fully evaluated at a

level of detail comparable to the Hunter Lake alternative

. The scope of additional work

required by the Corps to meet their requirements for publication of the DEIS was

substantial .

Many responses to the Corps' comments were provided in November, 1994

.

Upon extensive discussion with several consultants and the Corps, a revised scope of

services was proposed in May 1995 to address the major items remaining

. The reviewed

scope of work was accepted by the Corps in October 1995

.

28 .

A contract was executed with Crawford, Murphy and Tilly, Inc . in November,

1995, to develop surveys of downstream flooding affects for Hunter Lake, upstream

sewage treatment impacts, gravel pit source water evaluations, and pipeline pumping

systems for deliveries of source waters from the gravel pits, the three proposed

groundwater sources, and the Springfield Metro Sanitary District water for the closed

loop ash sluice option.

29.

A contract with Hanson Engineers was executed in November, 1995, to model

the wastewater and closed loop options for ash pond sluice water, and to perform

environmental reviews of the pipeline corridors for groundwater, gravel pit, and Lick

Creek reservoir options

. Hanson Engineers' work also included a wetlands evaluation

32

---

for Hunter Lake and an analysis of the option to raise the full pool level of Lake

Springfield .

30.

A contract with The Illinois State Water Survey (ISWS) was executed in April,

1996, to complete three work products for the Petitioner

. The ISWS would evaluate

groundwater availability in these localities : the Sangamon River Valley, the Illinois

River Valley, and the Havana Lowlands

. It would develop operating models for the

optimal transfer of water to Lake Springfield from the various sources . Finally it would

evaluate the water quality of the proposed reservoir sources and Lake Springfield under

drought conditions

.

31 . Upon completion of all study elements, final reports and a revised DEIS text was

transmitted to the Corps on May 8, 1998 .

The Corps compiled all of the available

information and published the DEIS for the Hunter Lake Project on April 9, 1999, The

45-day comment period was extended upon request of the U .S . Fish and Wildlife Service

and comments were received by the Corps through June 18, 1999 . Comments were

sorted and evaluated by the Corps, and a request was forwarded to the City on September

14, 1999 asking for the City to provide additional information and response to various

DEIS comments.

The City forwarded the majority of comment responses to the Corps on February

3, 2000 . Additional responses requiring joint action by the City and the Corps were

completed on August 29, 2000 . Publication of the final EIS occurred in November,

2000

. A public hearing on the final EIS was held by the Corps on February 26, 2001 .

32.

Between March and May 2001, additional wetlands information and responses to

FEIS public hearing comments were formulated

. The Corps began formulating its

33

---

Record of Decision, but its completion remained subject to IEPA issuing its Section 401

permit conditions

. In September 2001 IEPA specified additional elements needed with

regard to the sewage outfalls of Divernon, Pawnee and the Virden Sanitary District for

discharges in the Hunter Lake Watershed

.

33 .

From November 2001 to the present, studies and negotiations regarding options

for relocating effluent discharges or upgrading the sewage treatment facilities for the

three communities, as well as addressing flooding concerns of the Village of Pawnee,

were conducted

. Draft agreements were prepared for consideration in each community .

34 .

On August 27, 2003 an agreement was finalized between Divernon and Petitioner

with regard to relocating the effluent of their sewage lagoon outfall . Agreements with

Pawnee and the Virden Sanitary District remain outstanding

.

35 .

In October 2004 an additional study regarding the feasibility of pumping Virden,

Divernon and Pawnee wastewater to the Springfield Metro Sanitary District was

completed

. Negotiations continued with all three communities to the present .

36 .

In April 2005 Petitioner forwarded correspondence to the IEPA and to the Corps

of Engineers outlining updated water demand and yield information and requesting

renewed effort at issuing the Section 401 Water Quality Certification and the Record of

Decision, respectively.

37 .

On June 2, 2005 a meeting was held with the Corps

. Background information

was reviewed and new revised information needs were presented to the Petitioner by the

Corps for the Corps to complete it's Record of Decision

. Hanson Engineers was retained

on July 5, 2005 to provide requested updated summary information regarding project

34

---

alternatives and additional environmental impacts related to the proposed village sewer

projects .

38 .

Negotiations and exchanges of information regarding the sewer projects for the

three villages are ongoing .

39.

Petitioner had acquired 5,587 acres for the project prior to 1978 . The original

area of the project was 7,701 acres. Subsequent to the issuance of the above-referenced

water revenue bonds, Petitioner initiated acquisition of the remaining land required for

the project . Through March 31, 2000, Petitioner had acquired an additional 1541 acres

in 73 transactions.

No additional purchases have since been completed . The total

acreage acquired for the project is now 7,128, and the project area is now estimated to be

7,795 acres. The Petitioner continues to seek to acquire the remaining property

.

40.

In the Agency Recommendation filed in PCB 93-135, it requested that the

Board's grant of a variance require that the Petitioner continue to supplement Lake

Springfield with the recirculated clarification pond water . The Agency concluded that

this had "a lesser environmental impact of allowing the City to temporarily return this

clarification pond water into Lake Springfield during extreme drought events than in

damming the Sangamon River."

(Paragraph 6 of the Recommendation .) The

clarification pond water is more fully discussed in paragraph 2b above. The Agency was

of the opinion that by utilizing this water the City may lessen the need or duration of

damming the Sangamon River

. Prior to filing its 2000 petition, the City met with the

Agency on April 28, 2000, to develop an acceptable operating scenario by which this

clarification water could be returned to Lake Springfield during drought events while

35

---

meeting the general water quality standard for boron in Lake Springfield and resulting in

no adverse impacts on the finished drinking water of Springfield .

41 .

The modification the City proposed involved relocating the clarification pond

discharge to the Lake to the Dallman Plant Intake . This relocation would divert ash pond

effluent into the Dallman cooling water intake . This intake is for once-through, non-

contact cooling water. It discharges back to Lake Springfield through two different

outfalls .

The re-routing of clarification pond discharge to the Lake would involve

installation of approximately 2400 feet of 20 inch HDPE welded plastic pipe from the

existing discharge point in the Spaulding Dam along the lake bottom to a location

centered at the Dallman intake barrier net . The pipe would be weighted and anchored to

the lake bottom to prevent displacement . New pumps would also be installed at the ash

pond to overcome the head capacity created by the 2400 feet of discharge pipe .

The Agency agreed to allow this modification with additional sampling

requirements at Dallman discharge outfalls for the cooling water

. There was also to be a

self-imposed sampling limit for boron to ensure compliance with the Illinois General Use

Water Quality limit for boron.

42 . On May 3, 2000, the City submitted an Application for Permit/Construction

Approval to the Agency to modify its NPDES permit . Included with this application was

the proposed sampling program . This program committed to not exceed the General Use

Water Quality limit of 1 mg/I for boron . This would be done by weekly sampling, or

even more frequently as required to ensure compliance at the outfalls and the intake for

the Water Purification Plant . The City would meet the 1mg/I limit for boron at the

36

---

outfalls and a weekly average limit of 0.85

mg/l at the intake for the Water Purification

Plant.

If these limits were reached, pumping from the clarification pond would

discontinue.

43 .

On June 8, 2000, the City received the draft NPDES permit for the 30 day public

notice

. It provided for the construction and operation of the relocation of the clarification

pond discharge pipe, with the sampling precautions discussed above

. On June 12, 2000,

IDNR sent their response

. The City would not be required to obtain permits from them,

but needed to receive a 401 Certification or Site Specific Certification from the U .S.

Corps of Engineers and IEPA

. This certification was granted the end of August . The

City's modified NPDES permit became finalized on July 20, 2000

.

44.

Contracts were then sent out for materials and construction of the pipeline and

new pumps

. By March 2001, the pipeline had been constructed and the new pumps were

in place at the old discharge point

. Startup of the system began March 21, and went until

April 6, 2001 .

Operation procedures were developed and the system was placed in

service on July 18, 2001

. The pumps ran July 18-31, 2001, at an average flow of 5 .2

MOD. They operated through August at 7

.9 MOD . The discharge continued until

September 21, when boron concentrations in the lake required the pumps to be shut off

The average flow for September was 5 .4 MOD.

45.

Exhibit 5 includes results of the use of the new recirculation capacity . It was not

utilized again until July 26, 2002, when it operated July 26

- July 31, with an average

flow of 1

.8 MOD . The pumping continued through August at an average flow rate of 6 .3

MOD.

The system was then shut down after reaching permitted boron levels . The

pumps were able to be turned back on September 11, and were operated until October 25,

37

---

when boron levels caused the pumps to be shut off again . September's average flow was

4.0 MGD and October's was 4.8 MGD . The pumps were placed hack in service on

December 13, and run to January 8, 2003, before being required to be turned off after

reaching boron limits . The recirculation mode was not used again until August 2005

. It

was operated just three days a week from August 8 to September 16, when boron levels

were reached in the lake requiring the pumps to be turned off. August's average flow

was 3.4 MGD and September's was 2

.2 MGD .

46. The quality of the Sangamon River between Decatur and Riverton is generally

similar if not improved since the Petitioner's first Petition in this matter (PCB 88-113) .

IEPA's Illinois Water Quality Report for 1994-1995 (September, 1996) (IEPA/BOW/96-

060a) showed generally no trends up or down in the quality of seven parameters at

Riverton with the exception of a slight upward trend in Ph, an indication of a slight

increase in the buffering capacity of the stream . Comparison of biological and water

quality survey results of the Sangamon River as illustrated in a 2004 IEPA Facility

Related Stream Survey report show distinct improvements in the near-Decatur portions

of the Sangamon River . (See Exhibit 11) Advancements are attributed to the

improvements in wastewater treatment plant discharges and in the handling of combined-

sewer overflows . Dissolved oxygen was noted as not meeting the state general use

standard at one station in 1996, but DO met the standards at all locations during the 2003

survey. These data further support the Petitioner's proposition that the Sangamon River

water would be suitable for transfer to Lake Springfield as a supplemental source of

water. It is also still believed that the proposed emergency diversion would not affect the

38

---

long-term water quality of the river, and not affect the dissolved oxygen concentrations

beyond what might occur naturally without implementation of the project

.

47.

The variances previously granted to the Petitioner in PCB 88-113, PCB 93-135,

and PCB 00-179 were each for a term of five years

. Petitioner again seeks a variance for

a term of five years

. Petitioner does not anticipate that it will have secured a second

water supply during this five year period. Upon the Agency's issuance of the 401 water

quality certification for the Hunter Lake Project, the Corps of Engineers can proceed to

make its decision on the underlying permit application

. If the Corps does grant the

permit and the United States Environmental Protection Agency concurs (the Agency is

deemed to have veto power under Section 404 (c) of the Clean Water Act), Petitioner

will then proceed with detailed engineering of the project, development of plans and

specifications for construction contracts, bid contracts and conduct Phases II & III

historical and archaeological work . Petitioner must also issue bonds to finance this work

and the subsequent construction activities

. Petitioner estimates that it would take at least

two years to complete construction and fill the lake

. Since it will take over five years to

put the additional water supply in place, Petitioner believes that the variance should be

granted to continue the potential for the Sangamon River to serve as an emergency

supply of water in accordance with the plan discussed in PCB 88-113, PCB 93-135, and

PCB 00-179 should a drought event occur prior to completion of Hunter Lake

.

39

---

WHEREFORE, Petitioner requests that the Board grant it a variance from 35 111 .

Adm. Code 300.026 for the duration of any Corps of Engineers permit for a temporary

diversion of the Sangamon River during drought events for which the Illinois

Environmental Protection Agency is required to give certification under the FWPCA

.

Petitioner further waives a hearing on this petition in anticipation that the Illinois

Environmental Protection Agency will respond favorably to the variance request .

Alternatively, should said Agency oppose the variance request, Petitioner would request

that the Board schedule a hearing on this petition .

Respectfully submitted,

CITY OF SPRINGFIELD, ILLINOIS

a municipal corporation

By

/ 41+ ~ r-

Jenifer L . Johnson

Corporation Counsel

3rd Floor ; Municipal Center East

Springfield, Illinois 62701

Telephone

: 217-789-2393

William A . Murray

Office of Public Utilities

4"' Floor, Municipal Center East

Springfield, Illinois 62757

Telephone : 217-789-2116 extension 501

hmurray@cwlp .com

40

---

STATE OF ILLINOIS

)

AFFIDAVIT

COUNTY OF SANGAMON

After first being duly sworn and under oath, the undersigned, Thomas M . Skelly,

states as follows:

1 .

I am the Water Division Manager, Office of Public Utilities, City of

Springfield, Illinois, and I have served in such capacity since July, 1991

.

2.

In such capacity, I am responsible for all activities of the Water Division

relating to source of supply, water purification and distribution of potable water . I report

directly to the General Manager of the Office of Public Utilities

. I have primary

responsibility for implementation of the City's emergency water supply plan . I also am

the Project manager for Hunter Lake

.

3.

From November, 1984, until my appointment as Water Division manager,

I served as Supervisor of Water Resources and was responsible for development of

certain aspects of the city's emergency water supply plan . In such capacity, I

participated in the proceedings in PCB 88-113 .

4.

I have read the foregoing Petition for Variance and based upon my best

knowledge and belief, the allegations contained herein are true and accurate

.

5.

If I were called to testify to the sarne with regard to the Petition before a

hearing of the Illinois Pollution Control Board, my testimony would support the

allegations of said Petition.

Subscribed and sworn to before me this ( b _ day of

e,Gol,

r,~L,,

,

2006 .

)

IN otary Public

OFFIQIAL SEAL

RUTHANN SHEETS ':

NOTARY PUBLIC, STATE OF ILLINOIS

:' MY COMMISSION EXPIRES 8

.12 .2009 '1-

41

---

CITY OF SPRINGFIELD

DROUGHT MANAGEMENT SCHEDULE

EMERGENCY WATER SUPPLY PLAN

EXHIBIT 1

Below full pool at any time from

April to December 1

(1)

Pump from South Fork of Sangamon River when water

is available.

Below 6 inches below full pool at

(1)

Pump from South Fork when water is available .

any time from December 1 through

April 15

(2)

Recycle ash pond water to lake (if permitted)

.

Below average lake elevation in

April

(1)

Advise public that lake level is below average for this

time of year .

(2)

Prepare ordinance for mandatory water conservation measures .

(3)

Request retail and wholesale customers to conserve

water .

(4)

Enhance notice about the availability of water saver kits

for retail customers .

Below average lake elevation in

(1)

Advise public that lake level is abnormally low .

May

(2) Pass ordinance for mandatory water conservation

measures .

Elevation 558

In June

(3)

(1)

Notify wholesale customers of water use restrictions

passed by city and applicable to their customers .

Advise public that lake level is abnormally low and not

expected to recover to normal levels during summer .

(2)

Continue pumping water from the South Fork to lake .

(3)

Continue recycling ash pond water (if permitted) .

Elevation 557

On June 30

(4)

(1)

Enhance campaign of water conservation education.

Advise customers that lake has not recovered to normal

pool .

(2)

Continue pumping water from South Fork to lake .

(3)

Continue recycling ash pond water (if permitted) .

(4)

Request additional assistance from retail and wholesale

customers to conserve water.

(5)

Step up enforcement of water restrictions and customer

penalties concerning water use restrictions .

(6)

Begin construction of emergency pumping facilities

from Sangamon River

.

Elevation 556

(1)

Continue public information campaign

.

(2)

Initiate emergency pumping from Sangamon River upon

completion of emergency dams .

(3)

Prepare water rate surcharge ordinance .

---

EXHIBIT 1

Elevation 555

(1)

Request emergency conservation of water

.

(2)

Apply water rate surcharge .

Elevation 554

(1)

Expand distribution of water saver kits

.

(2)

Reduce system pressure .

Elevation 553

(1)

Begin audit of high water demand users

.

(2)

Prepare second water surcharge ordinance .

Elevation 552

(1)

Apply second water rate surcharge .

(2)

Intensify enforcement of water restrictions .

(3)

Prepare ordinance restricting all non-essential water

uses .

Elevation 551

(1)

Pass ordinance prohibiting all non-essential water uses

except for health necessities.

(2)

Implement further possible reduction in system

pressure.

Elevation 550

(1)

Intensify enforcement of prohibited uses.

(2)

Continue monitoring large users

.

(3)

Continue pumping water from all available sources .

---

Average lake level during each month based on an average

of average monthly levels each year from 1936-2005

.

Full pool elevation is 560

.00 feet above mean sea level .

Exhibit 2

Months

Average Surface

Elevation

January

557 .99

February

558 .08

March

558

.59

April

559 .16

May

559 .54

June

559 .66

July

559 .38

August

558 .94

September

558

.42

October

558 .06

November

557.88

December

557.91

---

CWLP

- Lake Elevations

Full

Pool-

1999-00

-2004-05

-2005-06

-2000-2001

-1988-1989

-Average

Exhibit 3A

---

CWLP

-

Lake Elevations

546

0

'~

h O h O A 0

^~

0 3 0

1

.

'1

`

~L l ~ '~

0 0 h N 0 O 5

~ ~

s

J~~

3J O

~

O\^

~

J\

~Q

O

PP

0

e

~

,

:

P

~~~

o,

o,~0e

~`a

c

~ QQ

c

~ QQ

cO

-Average

Full Pool

1999-00

-1976-77 -2005-06

-2000-2001'

.

1988-1989

1952-1953

- -

1953-1954

1954-1955

Exhibit 3B

---

Illinois Drought Update, January 6, 2006

DROUGHT RESPONSE TASK FORCE

Illinois State Water Survey, Department of Natural Resources

For more drought information please go to http://www.sws.uiuc.edu/

SUMMARY. Extreme to severe drought persists throughout most of northern Illinois and is

evident in record low precipitation since March 2005, low streamflow, low soil moisture, and

low groundwater levels

. Dry conditions extend into west central, west southwest, and east

southeast Illinois. Instead of recovery that normally is expected during fall and early winter,

the

drought has intensified

. Although the drought has caused adverse impacts, the impacts on water

supplies would have been much more severe if the same extreme drought had occurred in central

or southern Illinois, where there is an increased reliance on reservoirs and lakes for water

supplies

. Above normal amounts of precipitation are needed into spring to end the drought .

1. DROUGHT STATUS. According to the U .S

. Drought Monitor (Figure 1), most of northern

Illinois remains in a severe or extreme drought (categories 2 and 3 in their 4-category drought

classification)

. This week the area along Lake Michigan was reduced from an extreme (category

3) to severe (category 2) drought

. However, ISWS scientists did not concur with this change in

status, based on indicators that showed no improvement in that area . Much of central Illinois

remains in the categories of moderate drought or abnormally dry

. Only southern Illinois is

considered to be clear of drought . There is some concern with the recent intensification of

drought in Texas, Oklahoma, and Arkansas . Early in the last growing season, dryness in that area

joined with widespread dryness across Missouri and Illinois

. The Drought Monitor is updated

each Thursday morning at 8am EDT and can be accessed via the Internet at

http://www.drought.unl.edu/dm/monitor.html .

2. PRECIPITATION. Statewide precipitation between the last DRTF meeting on December 1

and January 5, 2006, has been 1 .72 inches, which is 1 .37 inches below normal . Conditions were

uniformly dry across the state with no area receiving close to normal precipitation

. Statewide

precipitation (Figure 2) since March 1, 2005, has been 25

.17 inches (10 .16 inches below normal

and 71 percent of normal). Precipitation deficits at individual sites can be even more severe

.

Since March 1, Moline received only 14 .77 inches (20 .47 inches below normal)

; Chicago, 18.34

inches (14 .87 inches below) ; Rockford,

19.62 inches (14 .54 inches below)

; and Quincy, 20 .25

inches (14 .83 inches below)

. The deficit has worsened since the last DRTF meeting by 1.34

inches

. At this time, no snow is reported on the ground in Illinois

. As a result, there is no

moisture storage available for release into the soil later on

.

3. LAST100

YEARS

.

Historic long-term precipitation deficits continue in the state, especially

in northern Illinois

. Statewide precipitation totals during the March - December period were the

3rd driest such period since 1895 (Figure 3)

. Current amounts are over an inch lower than during

the same period of the last substantial drought in memory (1988)

. Regionally, totals during the

last 10 months were the lowest ever recorded in the northwest and northeast climate divisions,

and the second and third driest in the west and central divisions, respectively (Figure 4)

. The

west-southwest and east-southeast divisions also have been considerably short on precipitation.

Over the last month, divisional rankings of precipitation totals since March 2005 essentially

have

Exhibit 4

---

remained the same in the northern two-thirds of the state, but have become drier in the east-

southeast, southwest, and southeast divisions .

4. SOIL MOISTURE.

Soil moisture totals in Illinois continue to indicate very dry conditions in

a broad band from northeastern to central to southeastern Illinois (Figure 5)

. Although a few sites

in the state report near normal conditions, the current lack of any snow cover or frozen ground in

Illinois will allow drying of surface soils to continue

. It is unusual for near-surface soil moisture

to be insufficient for early agricultural needs in spring, but only the occurrence of substantial

above normal rainfall over the next several months will be able to recharge the total soil moisture

profile in the driest regions .

5.

GROUNDWATER

.

Statewide, shallow groundwater levels continue to be below normal .

Deviations from normal averaged 3

.2 feet below, levels averaged 0 .1 feet lower than November

levels, and levels averaged approximately 5 .0 feet below December levels one year ago

.

Water levels at ISWS shallow observation wells at Fermi National Laboratory in DuPage

County (15 feet deep) and Bondville in Champaign County (21 feet deep) continue to decline .

The level at Fermi is 6 .2 feet below normal which is its lowest ever since its record began in

November 1988

. The level at Bondville is 4 .6 feet below normal which is its lowest level for

December since its record began in March 1982 .

The ISWS has received 4 reports in December from homeowners that are experiencing

well problems related to drought conditions. These reports have centered in Kane, Vermilion,

and Peoria counties and all have been using large-diameter bored wells which are particularly

prone to problems during dry periods because of their shallow construction depths (typically 25

to 50 feet deep)

. We have also had reports of water hauling for large-diameter bored well

groundwater supplies northwest of Peoria due to dry conditions .

Groundwater levels are expected to continue their downward trend over the next months

which is typical for this time of the year. However, the continuing dry period are causing an

increased decline especially in the north and central parts of the state

.

6. ILLINOIS STREAMFLOWS. December streamflows in Illinois (Figure 6) were mostly in

the below-normal range (10 th to 30 th

percentiles), although the eastern edge of the State and parts

of southern Illinois are experiencing flows in the normal range (30 th to 70 th

percentile) . There is

a small region in north-central Illinois near Peoria that experienced much-below normal flows

(less than 10 th

percentile) for December, but flows in this region have risen following end-of-

month rainfalls

. With the continuing precipitation deficit, we do not anticipate a recovery in the

overall low streamflow amounts in much of Illinois without significant reduction in the

continuing precipitation deficit . At the same time, there would need to be an extended period of

very low precipitation for flows to return to much-below normal status

. Precipitation in early

spring will likely be key in drought recovery or, on the other hand, in the advancement of

drought conditions and water supply concerns

.

7.

WATER LEVELS AT PUBLIC WATER SUPPLY (PWS) RESERVOIRS

.

Figure 7

provides current water levels for 10 selected reservoirs in central Illinois for which the ISWS has

monthly records for at least 16 years . There are relatively few water supply reservoirs located

in

the northern portion of the state where the precipitation deficit and drought impacts are greatest .

---

Low water levels often recover partially in winter months, but streamflows in December were

not sufficient to replenish storage in most of the reservoirs shown in Figure 7

. As a result, most

of these 10 reservoirs have seen little overall change in water level since the end of November .

In general, most of the reservoirs listed in Figure 8 are not as low as that experienced in the two

previous drought periods of 1988-1989 and 1999-2000, but are noticeably lower than their

normal (median) levels for this time of year

. The biggest concern for water supply reservoirs is

the possibility of having a continued dry winter and spring period in which already low

reservoirs may not be able to recover to their full pool levels by the end of spring

.

•

Without a substantial turnabout in precipitation amounts, we do not expect that Canton

Lake, Lake Bloomington, and Lake Evergreen will return to full pool this spring . For

these reservoirs, the lowest water levels in past droughts have typically occurred in the

year

following the period of greatest precipitation deficit .

•

Altamont Lake, located near Effingham, is at its lowest December level in 23 years of

record; however this lake is designed to provide water through a 4-year drought period

and, as such, the low water levels are not yet a concern

.

•

As reported last month, Lake Decatur has returned to full pool and is no longer a concern .

8.

FEDERAL RESERVOIRS . There are no water supply concerns for any of the federal

reservoirs

. Since mid-December, water has been released from Lake Shelbyville and Carlyle

Lake to bring their pool levels down to the target winter pool

. Carlyle Lake has already reached

its winter pool level and Lake Shelbyville is expected to reach its winter pool by mid-January

.

Rend Lake is at an elevation of 405

.5 feet, which is moderately low for this time of year .

9

.

MISSISSIPPI AND OHIO RIVERS.

The water levels in the Ohio River and the Mississippi

River downstream of St. Louis have generally been in the normal range for most of December

.

In contrast, the Upper Mississippi River has been experiencing above-normal flows .

10 .

ILLINOIS RIVER. The Illinois River was low in December, with average flow levels near

the lowest 10`h

percentile, but precipitation in early January has raised the average flow level of

the river

. The generally low flow condition on the Illinois River thus far into the winter is the

combined results of persisting dryness in northern Illinois and the general reduction in the

Lake

Michigan diversion in recent years caused by water use conservation and the reduction of

leakage through the Chicago Locks

.

11.

LAKE MICHIGAN. The water level for Lake Michigan during

December 2005 fell at a

normal seasonal rate, with an average water level of 577

.0 feet. This is 0.2 feet lower than the

average water level in November 2005, 1

.6 feet below the long-term average for December, and

0

.8 feet above the lowest December conditions recorded in 1964 .

The level in Lake Michigan

can be expected to continue dropping through mid-winter as part of its normal seasonal cycle .

12. OUTLOOK.

According to the National Weather Service, the weather over the next two

weeks is expected to be warmer than average with the chance of precipitation improving through

the period

. Their outlook for January-February-March calls for an increased chance of above-

normal temperatures ; however,

they provide no guidance on precipitation

. Do not expect too

much relief from drought concerns in January and February because they are normally the two

---

driest months of the year with 1 .97 and 1

.99 inches of precipitation respectively. Much of that

precipitation in the northern and central portions of the state normally falls as snow

.

Continuous above average precipitation will be needed over the next several months to

mitigate the dryness

. If current conditions persist, frequent and timely rainfall events in these

regions will be much more important this year than is normal as the state moves into the next

growing season .

13.

2005 SUMMARY.

Water resources in Illinois during the last year reveal the impacts of very

low precipitation totals of last spring with sporadic wetter monthly totals since that time

interspersed among additional dry monthly amounts (Figure 8) . All other water resources

responded to the initial dryness in a fairly short period of time with soil moisture most closely

mirroring the rainfall deficit

. Streamflow dropped quickly and has remained below median flow

for 9 months

. Shallow groundwater wells (water table levels) continue to decrease with the lack

of substantial precipitation.

---

,

<1

U.S

. Drought Monitor

January

Valid 7 a .m

3,

. CST

2006

:IM/

flrougq:

hnpac: Typos

DC ADnorntally Jry

N Delineates dominant rtpacts

DIDrought-boderate

A-, AdncuCural(cropseaslur0%

U . Grougnt- Severe

grasslands}

0

D3 Drought . Ex:ramo

1,

- IlyJrOiogiCal

;

:vatel",

1)a Dra,grit-Exceatianal

It:e Dmugn

; N.cnner7ceuses

on broadsea,e

conditions

LC<af CC'%JiOCOS

may vary $DC aCCertlpaoy"4g tort Si"'W" y

faTcas stazemeets

httpaldrought

.unl .eduldm

USDA

Figure 1 . U.S

. Drought Monitor for January 3, 2005

.

Released Thursday, January 5, 2006

Author: Douglas Le Comte.

CPCMOAA

---

March 1, 2005, to January 5 . 2006

March 1, 2005, to January 5

. 2006

Precipitation Percent of Normal

Precipitation Deficits (inches)

Figure 2

. Precipitation for the period of March 1, 2005 to January 5, 2006, in terms of

percent of normal (left) and departure from normal (right)

.

Source

: Illinois State Water Survey

- 90

85

80

75

70

65

lI 160

'

-155

1 50

---

Figure 3. Ten driest March through December periods

in Illinois (since 1895)

Source : Illinois State Water Survey

Figure 4. Rankings of driest March through December periods within

Illinois climate divisions (since 1895)

Climate divisions

2005 rank

top

4 driest years

Northwest

1

2005, 1988, 1930, 1910

Northeast

1

2005, 1962, 1930, 1956

West

2

1988, 2005,1901 . 1953

Central

3

1901,

1988, 2005, 1930

East

16

1930,1963,1914,1901

West-Southwest

5

1930, 1914, 1901, 1953

East-Southeast

7

1930, 1914, 1976, 1953

Southwest

23

1930, 1953, 1901, 1976

Southeast

20

1930, 1940, 1901, 1953

Rank

Year

Precip (in)

1

1930

21 .20

2

1901

23.24

3

2005

24.15

4

1914

24 .28

5

1953

24 .72

6

1988

25.59

7

1976

25.69

8

1940

26

.17

9

1963

26

.64

10

1936

26 .95

---

Source: Illinois State Water Survey

0 - 72 inch Soil Layer

75

50

100

100

50

Figure 5 . January 1

. 2006 observed percent of normal soil moisture

based on 1985-1995 mean .

---

December 2005

Average Streamflow - -

Percentiles

N

A

USGSstalions

Streamflow Percentiles

l

5 5 0

1 10-20

I

1120-30

I

30 .40

40 - 50

50 -60

The percentage values on this snap

describe Illinois streamflows for

December. 2005. as compared to

the same period for all years of record

at selected USGS gaging stations

~~_

For example, a value of 20 indicates that 20

of the years On record experienced a lower

total flow amount than the current year

The slreanldow,

data used to produce this map are

provisional and may be subject to change

Illinois

•

State

Survey

vASEv

urv!Tl

MUSGS

0 15 30

60

v Miles

1

Figure 6

. December 2005 Streamflow Percentiles .

---

Figure 7.

December 2005 End-of-Month Water Levels at Selected PWS Reservoirs

*Paired reservoirs

- the amount of total reduction in reservoir storage for the combination of Lake

Bloomington and Evergreen Lake is the 4th lowest for November since records began in the 1980s

(behind 1988, 1989, and 2000) .

**Although some water level records are available for historical droughts such as during the 1950s

drought of record, these older values are usually not directly comparable to modem records because of

substantial changes over time in either water use, normal pool elevation, or in additional sources of

supply .

Source

: Illinois State Water Survey

Current

Beginning of

Lowest

Median

reservoir

ISWS lake

December level

December

Reservoir

drawdown

record (year)

Rank on record (year)**

level

Altamont Lake

-6 .3 ft

1983

I

-6.3

11(2005)

-2.1 ft

Canton Lake

-6.1 ft

1989

2

-11 .3 ft (1989)

-2.5 ft

Lake Pittsfield

-2 .0 ft

1988

2

-2.7 ft

(1999)

0 .0 ft

Lake Bloomington*

-10.7 ft

1983

3

-11 .9 ft (1988)

-1.9 ft

Paris East Lake

-1.2

ft

1983

4

-5 .9 ft (1999)

0.0 ft

Carlinville Lake

-2

.0 R

1983

4

-3 .5 ft (1999)

0.0 ft

Evergreen Lake*

-5

.4 ft

1988

5

-24 .0 ft (1989)

-2.2

ft

Lake Pana

-3 .2 ft

1983

5

-5.0

R (1999)

-0.2

ft

Lake Springfield

-3

.7 ft

1983

6

-4.9

ft (1999)

-1 .2 ft

Spring Lake (Macomb)

-0.7 ft

1983

9

-5.2 ft (1989)

0 .0 ft

---

I

0

-t

-2

-3

800

700

800

500

400

300

200

100

0

3

2

0

-2

4

Soil Moisture (0-40 in . layer) . Inches

-

t W -

®a®

g Groundwater level,

feet

. e

2

,'',

-IL Wt,'

D J05 F M

Month

Figure 8

. Illinois statewide departures from normal

.

Source: Illinois State Water Survey

---

Exhibit 5

1978

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992 1993

South Fork Pump Station Water Production (Millions of Gallons)

Calendar Years

2003

2004

Monthly

2005

Totals

10 Year

Averages

1994 1995

1996

1997

1998 1999

2000

2001

2002

Jan

0

60

0

0

35

150

0

0

0

0

0

0

0

1,717

318

0

0

0

0

0

155

342 1,415

0

0

0

0

114

0

0

4

.060

184

Feb

0

864

0

0

0

375

0

0

0

0

0

0

0

1,473

1,183

0

0

0

0

0 1,408

750

0

0

354

0

0

1

.067

0

0

6,234

325

Mar

0

1,842

0

0

0

903

0

0

0

0

0

0

0

1,938

1,917

0

0

0

0

0

0

0

0

0

704

0

0

1,720

0

0

6,279

220

Apr

0

1,487

0

0

0

728

0

0

0

0

0

0

0

168

1,237

0

0

0

0

0

551

0

0

0

646

0

0

685

0

0

3,287

171

May

0

141

0

0

0

0

0

0

0

0

0

0

507

225

0

0

0

0

0

0

0

0

0

0

880

0

0

0

0

0

1,612

80

Jun

0

0

0

0

0

0

0

0

0

0

0

675

569

406

0

0

0

0

0

0

0

0

0

0

1,571

0

0

0

0

69

3

.221

143

Jul

0

0

0

0

0

0

0

0

0

0

0

117

281

541

0

0

164

0

771

0

0

0

0

0

790

534

212

951

147

703

5,210

334

Aug

0

0

0

0

0

0

0

0

0

0

0

425

116

141

0

0

48

0

717

0

0

43

0

377

0

596

703

823

738

140

4,866

342

Sep

0

0

0

0

0

0

0

15

0

111

220

103

0

801

0

0

300

0

222

0

0

0

0

0

0

186

393

0

396

73

2,474

105

Oct

58

0

0

0

0

0

0

0

0

207

0

80

0

6

0

0

0

0

47

0

0

0

0

0

0

0

316

0

878

93

1,420

129

Nov

167

0

0

0

0

0

0

306

311

205

0

302

1,048

0

0

0

943

0

1,008

0

0

0

0

0

0

0

420

0

102

255

4,078

78

Dec

191

0

0

115

42

0

0

723

194

0

0

1,528

816

0

0

0

0

0

734

0

0

778

0

80

0

0

0

0

0

840

4,776

170

416

4,393

0

115

77

2,156

0

1,045

506

523

220

3,231

3,336

7,414

4,654

0

1,455

0

3,499

0 2,114 1,913 1,415

457

4,945

1,316

2,044

5,360

2,261

2,173

47,518

2,400

6

.57

MGD

Approximate equivalent feet of lake level

0

.35

3

.66

0

.00

0

.10

0

.06

1

.80

0

.00

0

.87

0

.42

0

.44

0

.18

2

.69

2

.78

6

.18

3

.88

0

.00

1

.21

0

.00

2

.92

0

1

.76

1

.59

1

.18

0

.38

4

.12

1

.10

1

.70

4

.47

1

.88

1

.81

39

.60

2

.00

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

Clarification Pond Recirculating Water Production (Millions of Gallons)

2003

2004

Monthly

2005

Totals

1992 1993 1994 1995 1996 1997

1998 1999

2000

2001

2002

Jan

0

111

45

0

0

0

0

0

0

0

175

144

0

0

0

0

0

0

0

0

0

0

0

0

45

0

0

364

Feb

0

0

81

0

0

0

0

0

0

0

191

111

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

302

Mar

0

0

155

0

0

0

0

0

0

0

47

52

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

100

Apr

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

May

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Jun

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Jul

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

28

0

0

0

0

0

0

147

53

0

0

0

228

Aug

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

155

0

0

0

0

0

0

192

166

0

0

115

628

Sep

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

150

0

0

0

0

0

0

163

120

0

0

69

502

Oct

0

72

0

0

0

0

0

0

0

53

0

0

0

0

0

131

0

0

0

0

0

0

0

155

0

0

0

339

Nov

90

157

0

0

0

0

0

0

0

89

0

0

0

0

0

119

0

0

0

0

0

0

0

0

0

0

0

208

Dec

68

216

0

0

0

0

0

0

0

182

201

0

0

0

0

46

0

0

0

0

0

0

0

162

0

0

0

591

158

556

281

0

0

0

0

0

0

324

614

307

0

0

0

629

0

0

0

0

0

0

502

656

45

0

184

3,261

0

.13

0

.46

0

.23

0

.00

0

.00

0

.00

0

.00

0

.00

0

.00

0

.27

0

.51

0

.26

0

.00

Approximate equivalent feet of lake level

0

.00 0

.00

0

.00

0

.42

0

.55

0

.04

0

.00

0

.15

2

.72

0

.00

0

.00 0

.52

0 0

.00 0

.00

---

F

w dbmwtnu 1

(1) Source

: Planning & Management Consultants, Ltd

. 1986

. A Disaggregate Water Use Forecast for the Springfield Area

. Population is estimated from PMCL from the 31-census track data

plus interpolated and extrapolated data for the wholesale customers of Rochester,

Chatham,

Sugar Creek & Sherman-Williamsville not included in the 31-census tracts

.

(2) Source

: Springfield City Water, Light and Power Water Purification Plant records

.

(3) Projected water demand assuming extreme hot & dry conditions & some service area growth

. (PMCL 1986)

(4) Service population is based upon either census data or Springfield-Sangamon County Regional Planning Commission estimates

.

EXHIBIT 6

1

.U1111,U10U11

Ut 17VU

11FW1

Vac utccaua nuu [aa

.wm r

.

.aw

. v

.

.v v

1986 Water Demand Forecast (1)

Actual Water Use (2)

Service

Area

Population

Daily Per

Capita Usage

(GPD)

Forecast

Water Demand

(MGD)

Forecast

Extreme Demand

(MGD) (3)

Service

Population

(4)

Average

Delivered

Water (MGD)

Maximum

Delivered

Water (MGD)

Daily Per Capita

Water Use

(Gal

.)

1985

143,255

124

17

.8

-

138,771

18

.7

26

.21

135

1986

144,203

128

18

.4

-

138,958

19

.4

26

.11

140

1987

145,150

132

19

.1

-

139,145

21

.0

35

.94

151

1988

146,098

135

19

.7

-

139,333

21

.2

35

.47

152

1989

147,045

1,39

20

.4

-

139,520

19

.4

34

.47

139

1990

147,993

142

21

.0

24

.4

140,195

18

.7

29

.07

133

1991

148,941

142

21

.2

24

.7

141,840

20

.4

33

.20

144

1992

149,888

142

21

.3

25

.0

143,484

20

.7

33

.88

144

1993

150,836

143

21

.5

25

.3

145,128

20

.0

28

.9

138

1994

151,783

143

21

.7

25

.6

146,772

21

.4

31

.8

146

1995

152,731

143

21

.8

25

.8

149,227

20

.1

38

.4

135

1996

153,679

143

22

.0

26

.1

150,872

21

.4

35

.2

142

1997

154,626

144

22

.2

26

.4

152,518

21

.3

37

.0

140

1998

155,574

143

22

.3

_ 26

.7

154,164

20

.5

32

.0

133

1999

156,521

144

22

.5

27

.0

155,810

21

.9

39

.1

141

2000

157,469

144

22

.7

27

.3

149,007

20

.4

30

.4

137

2001

158,417

144

22

.9

27

.5

149,860

21

.1

33

.8

141

2002

159,364

144

23

.0

27

.6

150,713

21

.3

34

.7

141

2003

160,312

145

23

.2

27

.8

151,926

20

.9

32

.8

138

2004

161,259

144

23

.3

27

.9

152,899

20

.8

30

.0

136

2005

162,207

145

23

.5

28

.1

153,872

22

.4

35

.3

150

---

Comparison of 1990 Water Use Forecast with Actual Water Demand

wpdbm

.Mrsupply

* 31-census tract population estimates used in PMCL (1991) plus SSCRPC 1990 projections for Rochester, Sugar Creek, Chatham, and Sherman-Williamsville, as modified in CWLP

Fiscal Year 2001 revenue projections

.

1990 Water Demand Forecast

Actual Water Use

Service

Area

Population

Daily Per

Capita Usage

(GPD)

Forecast

Water Demand

(MGD)

Forecast

Extreme Demand

(MGD)

Service

Population

Average

Delivered

Water (MGD)

Maximum

Delivered

Water (MGD)

Daily Per Capita

Water Use

(Gal

.)

1990

145,032

134

19

.4

19

.9

140,195

18

.7

29

.07

133

1991

145,790

134

19

.5

20

.0

141,840

20

.4

33

.20

144

1992

146,547

134

19

.7

20

.2

143,484

20

.7

33

.88

144

1993

147,305

134

19

.8

20

.3

145,128

20

.0

28

.9

138

1994

148,063

135

20

.0

20

.5

146,772

21

.4

31

.8

146

1995

148,820

135

20

.1

20

.6

149,227

20

.1

38

.4

135

1996

149,578

135

20

.2

20

.7

150,872

21

.4

35

.2

142

1997

150,336

136

20

.4

20

.9

152,518

21

.3

37

.0

140

1998

151,094

136

20

.5

21

.0

154,164

20

.5

32

.0

133

1999

151,851

136

20

.7

21

.2

155,810

21

.9

39

.1

141

2000

152,609

136

20

.8

21

.3

149,007

20

.4

30

.4

137

2001

153,393

136

20

.9

21

.4

149,860

21

.1

33

.8

141

2002

154,177

136

21

.0

21

.5

150,713

21

.3

34

.7

141

2003

154,962

136

21

.1

21

.7

151,926

20

.9

32

.8

138

2004

155,746

136

21

.2

21

.8

152,899

20

.8

30

.0

136

2005

156,530

136

21

.3

21

.9

153,872

22

.4

35

.3

150

---

(1) FILTER PLANT CONSUMPTION IS RECORDED, BUT NOT BILLED

.

(2) FRANKLIN LIFE BECAME PART OF AMERICAN GENERAL LIFE

EXHIBIT

7

CITY WATER, LIGHT AND POWER LARGEST WATER SYSTEM CUSTOMERS

-

FY2005

(CONSUMPTION IN UNITS OF 100 CUBIC FEET)

RANK

NAME

BUSINESS OR

ACTIVITY

FY2005

ANNUAL

CONSUMPTION

% OF

SYSTEM

SALES

I

CWLP POWER PLANT

ELECTRIC UTILITY

477,974

5

.51%

2

ST

. JOHNS HOSPITAL

HOSPITAL

169,151

1

.95%

3

MEMORIAL MEDICAL CENTER

HOSPITAL

160,254

1

.85%

4

CWLP WATER FILTER PLANT (1)

WATER UTILITY

97,079

1

.12%

5

ILLINOIS STATE CAPITOL COMPLEX

STATE GOVERNMENT

65,063

0

.75%

6

SPRINGFIELD HILTON

HOTEL

46,399

0

.53%

7

GRAND VALLEY VILLAGE TRAILER PARK

MOBILE HOME PARK

44,880

0

.52%

8

ILLINOIS STATE FAIR GROUNDS

STATE GOVERNMENT

43,702

0

.50%

9

ILLINOIS STATE POLICE ARMORY

STATE GOVERNMENT

42,980

0

.50%

10

UNIVERSITY OF ILLINOIS AT SPRINGFIELD

HIGHER EDUCATION

37,433

0

.43%

11

FW MEANS

INDUSTRIAL CLEANING

30,260

0

.35%

12

SIU SCHOOL OF MEDICINE

MEDICAL SCHOOL

29,533

0

.34%

13

ILLINOIS DEPARTMENT OF REVENUE

STATE GOVERNMENT

27,657

0

.32%

14

SANGAMON COUNTY BUILDING

COUNTY GOVERNMENT

25,697

0

.30%

15

SPRINGFIELD RENAISSANCE HOTEL

HOTEL

23,803

0

.27%

16

CHATHAM HILLS APARTMENTS

APARTMENT COMPLEX

23,251

0

.27%

17

SPRINGFIELD MANOR CARE CENTER

NURSING HOME

22,355

0

.26%

18

CROWNE PLAZA HOTEL

HOTEL

21,560

0

.25%

19

AMERICAN GENERAL LIFE INSURANCE(2)

INSURANCE/FINANCIAL SERVICES

19,474

0

.22%

20

HORACE MANN INSURANCE

INSURANCE/FINANCIAL SERVICES

18,323

0

.21

TOTALS

1,426, 828

16

.44%

TOTAL SYSTEM WATER SALES FOR FY2005

8,679,784

---

(1)

FILTER P LANT CONSUMPTION IS RECORDED, BUT NOT BILLED

.

(2) FRANKLIN LIFE BECAME PART OF AMERICAN GENERAL LIFE

N/A

-

CUSTOMER WAS NOT ON THE 1999 LIST OF LARGEST CUSTOMERS

EXHIBIT

8

CITY WATER LIGHT AND POWER LARGEST WATER SYSTEM CUSTOMERS

-

FY2005

(CONSUMPTION IN UNITS OF 100 CUBIC FEET)

FY2005

FY1999

RANK

NAME

BUSINESS OR ACTIVITY

ANNUAL

CONSUMPTION

ANNUAL

CONSUMPTION

VARIANCE

IN UNITS

VARIANCE

1

CWLP POWER PLANT

ELECTRIC UTILITY

477,974

521,930

-43,956

-8

.42%

2

ST

. JOHNS HOSPITAL

HOSPITAL

169,151

162,945

6,206

3

.81%

3

MEMORIAL MEDICAL CENTER

HOSPITAL

160,254

104,204

56,050

53

.79%

4

CWLP WATER FILTER PLANT (1)

WATER UTILITY

97,079

107,226

-10,147

-9

.46%

5

ILLINOIS STATE CAPITOL COMPLEX

STATE GOVERNMENT

65,063

68,768

-3,705

-5

.39%

6

SPRINGFIELD HILTON

HOTEL

46,399

42,803

3,596

8

.40%

7

GRAND VALLEY VILLAGE TRAILER PARK

MOBILE HOME PARK

44,880

47,030

-2,150

-4

.57%

8

ILLINOIS STATE FAIR GROUNDS

STATE GOVERNMENT

43,702

NA

NA

NA

9

ILLINOIS STATE POLICE ARMORY

STATE GOVERNMENT

42,980

44,261

-1,281

-2

.89%

10

UNIVERSITY OF ILLINOIS AT SPRINGFIELD

HIGHER EDUCATION

37,433

23,052

14,381

62

.39%

11

FW MEANS

INDUSTRIAL CLEANING

30,260

40,701

-10,441

-25

.65%

12

SIU SCHOOL OF MEDICINE

MEDICAL SCHOOL

29,533

40,315

-10,782

-26

.74%

13

ILLINOIS DEPARTMENT OF REVENUE

STATE GOVERNMENT

27,657

31,829

-4,172

-13

.11%

14

SANGAMON COUNTY BUILDING

COUNTY GOVERNMENT

25,697

NA

NA

NA

15

SPRINGFIELD RENAISSANCE HOTEL

HOTEL

23,803

28,732

-4,929

-17

.16%

16

CHATHAM HILLS APARTMENTS

APARTMENT COMPLEX

23,251

NA

NA

NA

17

SPRINGFIELD MANOR CARE CENTER

NURSING HOME

22,355

NA

NA

NA

18

CROWNE PLAZA HOTEL

HOTEL

21,560

NA

NA

NA

19

AMERICAN GENERAL LIFE INSURANCE(2)

INSURANCE/FINANCIAL SERVICES

19,474

25,823

-6,349

-24

.59%

20

HORACE MANN INSURANCE

INSURANCEIFINANCIAL SERVICES

18,323

23,050

-4,727

-20

.51%

TOTALS

1,426,828

1,312,669

-22,406

TOTAL SYSTEM WATER SALES FOR FY2005

8,679,784

---

899-12-88

ORDINANCE AUTHORIZING THE CONSTRUCTION AND

DEVELOPMENT OF LAKE SPRINGFIELD 11 IN THE

P GF

IN

S

. AS AMENDED

WHEREAS, it is desirable that a permanent long term water supply

supplement the City's current water supply at Lake Springfield ; and

WHEREAS, the City Council has received for consideration information

regarding construction plans,, financial options and legal requirements

necessary for the construction of Lake Springfield II

.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD,

ILLINOIS :

Secti on_-__l : The City Council hereby authorizes the construction,

development and completion of Lake Springfield II in the City of Springfield,

Illinois, as a supplemental water supply .

Be, .tion 2

: The cost of Lake Springfield II shall be from revenue accounts

established by the Office of Budget and Management in cooperation with the

Office of, Public Utilities . The Offices of Budget and Management and Public

Utilities are hereby authorized to prepare a bond proposal for the City

Council's consideration to fund

land

acquisition,

preliminary

engineering/design plans for the Lake II project and the cost of permit

applications .

.Seetipn 3 : The Office of Corporation Counsel, in cooperation with the

Office of Public Utilities, is hereby directed to proceed with the acquisition

and/or condemnation of the remaining land necessary to be acquired for the

construction and development of Lake Springfield II subject to the

availabililty of the necessary funds from the bond proceeds referenced in

Section 2 of this ordinance .

Sec_tio_n4 : The Office of Public Utilities, in cooperation with the Office

of Corporation Counsel, is hereby directed to apply for all necessary permits

and other governmental approval for the completion of Lake Springfield II .

Section 5

:

The Office of Public Utilities is hereby authorized to prepare

and submit preliminary engineering plans for Lake Springfield II subject to

the availability of the necessary funds from the bond proceeds referenced in

Section 2 of this ordinance .

,Section6

: This Ordinance shall become effective immediately upon its

passage .

PASSED : 2 ( 1988

SIGNED : 7 1988

RECORDED : 1988

ATTEST :

3equeste~ bv : AldQTman MCNe5I

EXHIBIT 9

MAYOR

4p~ro

as to legal suf ciency :

ice of t

Corporation Cossel

---

97-2-89

ORDINANCE DEDICATING MARGINAL LAND

AROUND LAKE II AS A CONSERVATION AREA

WHEREAS, the City of Springfield has authorized the construction of Lake

II ; and

WHEREAS, it is desirable to establish a conservation area as a habitat for

wildlife on the marginal lands surrounding Lake II ; and

WHEREAS, the preservation of Illinois' heritage should be included by

incorporting the restoration of prairie grasslands, and its natural habitat,

as an attraction to the many visitors of Springfield's historic sites .

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD,

ILLINOIS

:

5e_ction

Marginal land surrounding Lake II owned by the City of

Springfield shall be dedicated as a conservation area, with development

limited to only those structures compatible with wildlife conservation .

ct"o2 : The Office of Public Utilities shall consult with the

Illinois Department of Conservation in planning and developing the

reforestation and restoration of prairie grassland on marginal land

surrounding Lake II and shall make application for all available conservation

grants to acquire additional property .

.ction 3 :

This Ordinance shall become effective immediately upon its

passage .

PASSED :

1989

SIGNED : 7

i~

, 1989

RECORDED

: 'i

1989

U-= r

7

ATTEST :

/4'G?~Z'&C 9,

t'-c ,

Approved a to legal suffic ncy :

CITY CLERK

Requested by : Alderman Clutter

EXHIBIT 10

MAYOR

Of the Co

r61t

---

ILLINOIS EPA

- BOW - DWPC - SURFACE WATER

FACILITY-RELATED STREAM SURVEY REPORT

A .

Facility : Decatur MWWTP

NPDES Permit : IL0028321 Exp : 01/31/07

County : Macon.

Location : Decatur, IL

Population : 81 .860

BOW Region

: 4

Survey Date : 09/22&23/2003 Report Date : 05/16/04

Treatment Level : This is a two staqe activated sludge plant with anaerobic sludqe diqestion and sludqe storaqe

laqoons . Sludge is land applied .

Disinfection Status :

seasonal

DAF/Max (mgd) : 41 .0/125 .0

CSO=S : Yes

Last Major Upgrade (year) : --

Operational condition of facility (from DWPC records, operator=s comments, and/or observations) :

Violations of permit limits over last year (from DMRs and FOS monitoring) :

--

Effluent bioassay data available? Yes X

No

-

WBID : ILE09

B .

Receiving Stream : Sangamon River

Basin/sub-basin : Illinois River / Sanqamon River

USEPA stream Reach : 07130006

Receiving Stream BSC/year : C / 1994

BSC Other/year :

-

Receiving Stream 7Q10 :

-

Stream Order : 6

(At the point of discharge)

Discharge of Receiving Stream downstream from WWTP outfall, during survey : 53 .4 cfs at the C1a station

Discharge of Receiving Stream upstream from WWTP outfall, during survey : 3 .91 cfs at the Al station

Discharge of Facility at outfall : 35 .0 mgd as a monthly average for September, 2003

(Facility flow meter X or IEPA measurement _)

Est . dilution ratio, during survey : --

Other Potential Sources of Impairment :

Previous Surveys (years) : 1974, 1977, 1981, 1988, 1991 & 1996

Findings of previous surveys : Macroinvertebrate data from the 1996 survey indicated little or no

impairment existed downstream from the Decatur MW WTP . General use water quality standards were

not met for dissolved oxygen at C1 or total dissolved solids at stations C1 and C2 .

C .

Biological Findings of this survey : Macroinvertebrates were collected at four locations on the

Sanqamon River and one site on Stevens Creek in the vicinity of the Decatur MW WTP (Table 1) .

Calculated MBI scores indicated that Sanqamon River conditions upstream of the Decatur MW WTP

(stations Al & A2) were fair or slightly impaired and conditions downstream (station C1 a) appeared to be

qood or non-impaired .

Exhibit 1 1

---

D.

Water quality findings of this survey : Water chemistry was evaluated from four sites on the

Sanqamon River, one location on Stevens Creek, as well as, the Decatur MWWTP effluent (Table 2)

.

General use water quality standards were not met for total dissolved solids at the C1a and C1 stations,

downstream from the Decatur MWWTP

. Additional water chemistry data is available via the AWQM

station E-09 located at the backqround Al site and AWOM station E-06 located at the dam of Decatur

lake .

E .

Recreational use, actual or potential : The Sanqamon River is a navigable water body used for fishinq

and recreational boating . The Sangamon River flows through and adjacent to parks and residential areas

in Decatur . Stevens Creek flows through Fairview Park in Decatur .

F.

Conclusions :

1 .) Calculated MBI values indicated that fair or slightly impaired conditions existed at the background

stations (Al & A2) and non-impaired conditions existed downstream of the Decatur MWWTP .

2)

General use water quality standards were not met for total dissolved solids at the C1 a & C1 stations

.

G.

Recommendations :

H.

Monitoring and assessment staff who worked on this survey .

Jim Hefley

Matt Short

Tim Kelly

frssform/3-

1 6 -98

---

Table 1 . Macroinvertebrate community assemblages from the Sangamon River and Stevens Creek in the vicinity of Decatur MW WTP,

September 22&23, 2003

.

Class

Order

Family

Gonus/spectos

Life stage tot . E-DC-A2 E-DC-A1 E-DCC1a E-DC-C1

ES-DC-D1

Oligochaida unidentified

unidentified

unidentified

A

10.0

3

1

3

Turbellada Tdcladida

Planariidae

Dugesia ligriua

A

6.0

4

4

Cruslacea

Isopoda

Asellidae

Caecidotea occidentalis

A

6.0

3

2

Cmslacea Amplupoda

C2ngonyclidae

Crangonyx sp .

A

4.0

6

2

Cmslacea Decapoda

Cambaddse

Orconectes propinquus

A

5.0

2

1

Craniums Decapoda

Cambaridae

Orconectes virilis

A

5.0

Insects

Ephemeropters

Baetidae

Santis Indonesians

L

7.0

7

Insects

Ephemeroptera

Baetidae

Pseudocloeon propinquus gr.

L

4 .0

Insects

Ephemeroptera

Heptageniidas

Stenacroninterpunctalum

L

4.0

9

Insects

Ephemeroptera

Caenidae

Caenis sp .

L

6.0

Insecla

Odonata

Caloplerygidae

Calopteryx maculata

L

4.0

2

3

Insecla

Odonata

Coenagrionidae

Arias apicalishibialis

5.0

42

Insects

Odonata

Coenagdonidae

Argia apicatis

50

1

9

7

Insects

Odonata

Coenagdonidae

Atria ni

5.0

2

1

Insects

Odonaia

Coenagdonidae

Argia tibialis

6.0

9

11

15

16

Insects

Odonata

Coenagdonidae

Enallagma sp .

6.0

Insects

Odonate

Coenagdonidae

Enallagma divagans

6.0

Insects

Odonata

Gomphidue

Dromogomphusspinosa

4 .0

1

Insects

Odonata

Libellulidae(corduliinae) Epicordulia princeps

L

4 .5

Insects

Odonata

Libellulidae(corduliinae) Neurocordulia molests

L

3 .0

4

Insecla

Odonata

Libellulidae(macromlinae) Macromiailllnoiensis

3 .0

Insects

Odonata

Libellulidae(macromlinae) Macromiatseniotsts

3 .0

1

Insects

Odonata

Aeshaidar,

Buyers vinous

3 .0

2

8

Insects

Odonata

Aeshnidae

Nasiaeshna penlacantha

2 .0

Insects

Megalopera

Corydalidae

Chauliodes rastricomis

4 .0

Insects

Tdchoptera

Hydropsychidae

Cheumatopsyche so.

6 .0

5

8

7

Insects

Trichoptera

Hydropsychidae

Hydropsyche betteni9r.

5 .0

1

Insects

Trichoptera

Hydropsychidae

Hydropsyche bidens

5 .0

2

1

Insects

Tdchoptera

Hydropsychidae

Hydropsyche simulans

5 .0

Insects

Trichoptera

Pelycenlropodidae

Cymellusfmtemus

5 .0

2

1

Insects

Coleoptera

Elmidae

Dubiraphia sp.

5 .0

Insects

Coleoptera

Elmidae

Dubirapha sp.

5 .0

Insects

Coleoptera

Elmidae

Macronychus giabratus

A

2 .0

1

2

Insects

Coleoptem

Elmidae

Stenelmis sp .

A

7.0

5

16

Insects

Coleoptem

Elmidae

Stenelmis sp

.

L

7.0

2

Insects

Diptera

Chironomidae

Ablabesmyia janta var. II

L

8.0

3

Insects

Diptem

Chironomidae

Ablabesmyia mallochi

L

8.0

Insects

Diptera

Chironomidae

Ablabesmyia monolis/ramphae

L

6.0

2

Insects

Diple2

Chironomidae

Ctinotanypus sp.

L

6.0

1

Insects

Diptem

Chironomidae

Thienemannimyta gr .

L

6.0

3

Inseda

Upturn

Chironomidae

Nanocladius sp .

L

3.0

2

Insects

Diptem

Chironomidae

Chironomus sp.

L

11 .0

10

14

Insects

Dipte2

Chironomidae

Cryptochironomus SP,

L

8.0

1

Insects

Diple2

Chironomidae

Dicrotendipes neomodestus

L

6.0

1

Insects

Diple2

Chironomidae

Dicrotendipes demands

L

6.0

2

Insects

Diple2

Chironomidae

Glyptotendipes sp .

L

10 .0

4

19

7

6

Insects

Diptera

Chironomidae

Parachlronomus tenuicaudatus gr.

L

8.0

1

Insects

Dieters

Chironomidae

Polypedilum conviclum gr.

L

6.0

2

2

Insects

Dipte2

Chironomidae

Polypedilum illinoiense gr.

L

5.0

31

22

2

Insects

Dipte2

Chironomidae

Trades fusicome

L

5.0

1

Gastropods Lymnophila

Physidae

Physella sp .

A

9.0

2

4

5

Gastropods Mosogastropoda Pleuroceridae

Pleurocem 5P .

A

7.0

9

Pelecypoda

Eulammelibranchia Sphaedidae

Musculium/Sphaerium sp.

A

5.0

2

Pelecypoda

Eulammelibranchia Corbiculidae

Curricula fluminae

A

4.0

1

TOTAL ORGANISMS

63

123

87

81

70

TOTAL TAXA

17

25

20

15

11

MBI

7.03

6.75

5 .48

6.10

5

.14

---

'

State

Calculatedvalue

Water Quality Standard not met

Standards are hardness

dependent .

(a) Ammonia

nitrogen shall not exceed 15 .0 mg/L

Table 2 . Water chemistry results from the Sangamon River and Stevens Creek in the vicinity of

Decatur MWWTP, September 22&23, 2003

.

PARAMETER

GENERAL USE

A2

A1

El

C1a

C1

D1

Field Air Temp., Deg . C.

STANDARD

21

27

27

22

20

14

Field Water Temp

., Deg . C .

21 .5

21 .1

27 .6

24 .6

23.8

15 .8

Field pH, units

6 .5-9 .0

8 .3

8 .3

7 .6

7 .8

7.9

7 .8

Field Dissolved Oxygen, mg/I

5 .0 min

5 .4

8 .2

7 .1

6 .6

6.0

7 .4

Field Conductivity, umhoslcm

455

556

3630

2960

3140

855

Turbidity, NTU

16 .1

19 .8

4 .5

8 .6

13.9

5 .5

Ammonia Nitrogen, mg/I

15(a)

0 .01

0 .01

0 .04

0 .08

0.1

<0 .01

Nitrate + Nitrite, mg/I

0 .08

0 .22

7 .33

6 .30

6 .92

0 .25

Total Phosphorus, mg/I

0 .33

0 .24

5 .02

3 .91

4

.13

0 .08

BOD, mg/I

6

6

5

5

4

3

BOD carb (Inh .), mg/I

3

3

2

2

2

<1

Total Susp

. Solids, mg/I

22

27

20

19

27

10

Total Dissolved Solids, mg/I

1000 mg/I

270

330

2190

1790 '

1890

'

518

Diss . Calcium, mg/I

42

50

55

60

60

90

Diss . Magnesium, mg/I

24

29

24

27

27

41

Diss . Sodium, mg/I

11

16

600

490

520

32

Diss . Potassium, mg/I

2,2

2 .0

53 .0

43 .0

45.0

1 .2

Diss . Aluminum, ug/I

<100

<100

<100

<100

<100

<100

Diss . Barium, ug/I

41

44

26

37

38

84

Diss . Boron, ug/I

58

120

190

190

180

140

Diss

. Beryllium, ug/I

<1

<1

<1

<1

<1

<1

Diss . Cadmium, ug/I

<3

<3

<3

<3

<3

<3

Diss

. Chromium, ug/l

<5

<5

<5

<5

<5

<5

Diss . Copper, ug/I

<10

<10

<10

<10

<10

<10

Diss . Cobalt, ug/I

<10

<10

<10

<10

<10

<10

Diss

. Iron, ug/I

1000 ug/I

<50

<50

94

77

86

<50

Diss . Lead, ug/I

"'

<50

<50

<50

<50

<50

<50

Diss . Manganese, ugll

<15

37

<15

27

56

49

Diss

. Nickel, ug/I

<25

<25

<25

<25

<25

<25

Diss . Silver, ug/I

<3

<3

<3

<3

<3

<3

Diss . Strontium, ug/I

91

110

120

130

130

210

Diss . Vanadium, ug/I

<5

<5

<5

<5

<5

<5

Diss . Zinc, ug/l

<100

<100

<100

<100

<100

<100

T . Calcium, mg/I

46

50

58

60

61

90

T

. Magnesium, mg/I

26

29

25

27

27

42

T . Sodium, mg/I

12

16

620

480

520

32

T . Potassium, mg/I

1 .6

2 .4

55 .0

42

.0

46 .0

2 .8

T . Aluminum, ugll

160

310

<100

120

260

130

T . Barium, ug/I

5000 ug/I

47

48

32

39

42

87

T . Boron, ug/I

1000 ug/I

63

120

200

180

190

140

T . Beryllium, ug/I

<1

<1

<1

<1

<1

<1

T

. Cadmium, ugh

<3

<3

<3

<3

<3

<3

T. Chromium, ug/I

<5

<5

<5

<5

9

<5

T . Copper, ug/I

<10

<10

<10

<10

<10

<10

T . Cobalt, ug/i

<10

<10

<10

<10

<10

<10

T . Iron, ug/I

320

480

240

310

540

280

T, Lead, ug/I

<50

<50

<50

<50

<50

<50

T . Manganese, ug/I

1000 ug/I

94

120

16

45

77

61

T . Nickel, ug/I

<25

<25

26

<25

40

<25

T . Silver, ug/I

5.0 ug/I

<3

<3

<3

<3

<3

<3

T . Strontium, ug/I

98

110

120

130

130

210

T . Vanadium, ug/I

<5

<5

<5

<5

<5

<5

T . Zinc, ug/I

<100

<100

<100

<100

<100

<100

Hardness, mg/I

220

245

245

260

263

400

---

Table 3 . Description of sampling locations in the vicinity of the Decatur MWWTP, 2003 .

Station

Location

E-DC-A2

Sangamon River below Lake Decatur dam, approximately 3 .0 miles upstream from

the Decatur MWWTP . T1 6N, R2E, NE22 . Macon County

.

Lat: 39 49'44"

Long : 88 58'34"

E-DC-A1

Sangamon River, approximately 2 .0 miles upstream from the Decatur MWWTP at

Illinois Route 48 . T16N, R2E, NE21 . Macon County.

Lat: 39 49'51"

Long : 88 58'34"

E-DC-E1

Decatur MWWTP effluent . T1 6N, R2E, NW20 . Macon County .

Lat : 39 49'55"

Long : 89 00'10"

E-DC-C1a

Sangamon River approximately 0 .5 mile downstream from the Decatur MWWTP at

a bike trail bridge in Rock Springs

. T1 6N, R2E, NW20 . Macon County .

Lat: 39 49'53"

Long : 89 00'40"

E-DC-C1

Sangamon River, approximately 2 .5 miles downstream from the Decatur STP at

Wycles Road . T16N, R2E, SW19 . Macon County .

Lat: 39 49'28"

Long : 89 01'45"

ES-DC-D1

Stevens Creek, approximately 0 .9 mile upstream from the Sangamon River

confluence at Fairview Park . T16N, R2E, NW17 . Macon County

.

Lat: 39 50'36"

Long : 89 00'06"